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B.C. Reg. 221/90 O.C. 1039/90

effective September 1, 1990

APPENDICES

Forms

 

Appendix A

Form 1 (Rule 8 (3) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

, Plaintiff(s)

and

, Defendant(s)

WRIT OF SUMMONS

(Name and address of each plaintiff)

(Name and address of each defendant)

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To the defendant(s):

TAKE NOTICE that this action has been commenced against you by the plaintiff(s) for the claim(s) set out in this writ.

IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim that you wish to have taken into account at the trial, YOU MUST

(a) GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court, at the address shown below, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy of the Appearance to the plaintiff's address for delivery, which is set out in this writ, and

(b) if a statement of claim is provided with this writ of summons or is later served on or delivered to you, FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER a copy of the Statement of Defence to the plaintiff's address for delivery.

YOU OR YOUR SOLICITOR may file the Appearance and the Statement of Defence. You may obtain a form of Appearance at the registry.

JUDGMENT MAY BE TAKEN AGAINST YOU IF

(a) YOU FAIL to file the Appearance within the Time for Appearance provided for below, or

(b) YOU FAIL to file the Statement of Defence within the Time for Defence provided for below.

TIME FOR APPEARANCE

If this writ is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

If this writ is served on a person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere.

[or, if the time for appearance has been set by order of the court, within that time.]

TIME FOR DEFENCE

A Statement of Defence must be filed and delivered to the plaintiff within 14 days after the later of

(a) the time that the Statement of Claim is served on you (whether with this writ of summons or otherwise) or is delivered to you in accordance with the Rules of Court, and

(b) the end of the Time for Appearance provided for above.

[or, if the time for defence has been set by order of the court, within that time.]

The plaintiff's claim is ....................[or set out a statement of claim in Form 13].....................................................

Form 2 (Rule 64 (9) )

[Style of Proceeding]

REQUISITION

Required

Form 3 (Rule 10 (3) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

, Petitioner(s)

and

, Respondent(s)

[or, where there is no person against whom relief is sought:

Re (State the person by whom, or the entity in respect of which relief is sought).]

PETITION TO THE COURT

THIS IS THE PETITION OF:

[Name and address of each petitioner]

ON NOTICE TO:

[Name and address of each person to be served]

Let all persons whose interests may be affected by the order sought TAKE NOTICE that the petitioner applies to court for the relief set out in this petition.

APPEARANCE REQUIRED

IF YOU WISH TO BE NOTIFIED of any further proceedings, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court within the Time for Appearance and YOU MUST ALSO DELIVER a copy of the "Appearance" to the petitioner’s address for delivery, which is set out in this petition.

YOU OR YOUR SOLICITOR may file the "Appearance". You may obtain a form of "Appearance" at the registry.

IF YOU FAIL to file the "Appearance" within the proper Time for Appearance, the petitioner may continue this application without further notice.

TIME FOR APPEARANCE

Where this Petition is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

Where this petition is served on a person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere.

[or, where the time for appearance has been set by order of the court, within that time.]

TIME FOR RESPONSE

IF YOU WISH TO RESPOND to the application, you must, on or before the 8th day after you have entered an appearance,

(a) deliver to the petitioner

(i) 2 copies of a response in Form 124, and

(ii) 2 copies of each affidavit on which you intend to rely at the hearing, and

(b) deliver to every other party of record

(i) one copy of a response in Form 124, and

(ii) one copy of each affidavit on which you intend to rely at the hearing.

The petitioner applies  for an order that ................................................[set out orders sought in numbered paragraphs, or attach a draft order in numbered paragraphs]................................................ .

The petitioner will rely on  ........................[set out rule or enactment relied on] ........................ .

At the hearing of this petition will be read the affidavit(s) of ........................ [state names], ........................copies of which are served herewith.

The facts upon which this petition is based are as follows: ........................[set out briefly the relevant facts in numbered paragraphs] ......................... .

The petitioner estimates that the application will take...................................minutes.

Form 4

Repealed. [B.C. Reg. 367/2000, Sch. s.9.]

Form 4.1 (Rule 6 (10.1) )

No. ...............................

.................................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(s)

and

Defendant(s)

AFFIDAVIT OF ATTAINMENT OF MAJORITY

I, ...........................[name, address and occupation of applicant]........, MAKE OATH (OR SOLEMNLY AFFIRM) AND SAY THAT:

1. I attained the age of majority on ..........................., 20........ .

2. I am under no other legal disability.

3. I intend to act in this action without a litigation guardian.

Sworn, etc.

Form 5 (Rule 11 (12) )

CERTIFICATE OF SERVICE BY SHERIFF

I, ........................................, certify that on the .......... day of ........................................, 20..., at .................... o'clock in the ....................noon, I left a copy of this document at .....................[specify place of service]......................... with:

Dated at ........................................ , this .................... day of........................................, 20... .

Form 5.1 (Rule 12 (7) )

[Style of Proceeding]

ACKNOWLEDGMENT OF RECEIPT CARD

To [name of party to be served]:

You are served by mail with the documents enclosed with this card in accordance with the Rules of Court.

You are requested to sign the acknowledgment below and mail this card immediately after you receive it. If you fail to do so, the documents may be served on you in another manner and you may have to pay the costs of service.

Acknowledgment of Receipt

I acknowledge that I have received a copy of the following documents:

[To be completed in advance by the sender of the documents. Include sufficient particulars to identify each document.]

...................................................................
Signature of person served

[The reverse side of this card must bear the name and address of the sender and the required postage.]

Form 6 (Rule 13 (2) )

ENDORSEMENT ON ORIGINATING PROCESS
FOR SERVICE OUTSIDE BRITISH COLUMBIA

The plaintiff claims the right to serve this writ [or as the case may be] on the defendant ........................................ outside British Columbia on the ground that

[State the circumstances, enumerated in section 10 of the Court Jurisdiction and Proceedings Transfer Act, on which the plaintiff relies.]

Form 7 (Rule 14 (1))

[Style of Proceeding]

APPEARANCE

Enter an appearance on behalf of

..............................................................................     [Defendant's name]

..............................................................................     [Address]

..............................................................................     [Address for delivery]

Fax number for delivery (if any):

NOTICE TO DEFENDANT ENTERING THE APPEARANCE

The statement of claim may be endorsed on the writ of summons or it may be a document separate from the writ of summons.

IF YOU FAIL to file and deliver the statement of defence within the time allowed, JUDGMENT MAY BE TAKEN AGAINST YOU without further notice.

Rule 21 (5) states:

(5) Where a defendant has entered an appearance the defendant shall file and deliver a statement of defence and any counterclaim to the plaintiff within 14 days from the time limited for appearance or from the delivery of the statement of claim, whichever is later.

Form 8 (Rule 14 (1) )

[Style of Proceeding]

APPEARANCE

Enter an appearance on behalf of

..............................................................................     [Respondent's name]

..............................................................................     [Address]

..............................................................................     [Address for delivery]

Fax number for delivery (if any):

Form 9 (Rule 11 (6.1) )

[Style of Proceeding]

COVER MEMORANDUM

To: [Name of party to be served or party's solicitor]

From: [Name and fax number from which document was transmitted]

Name and telephone number of person to contact
in the event of transmission problems:

Brief description of document transmitted and number of pages:

Form 10 (Rule 16 (1) )

[Style of Proceeding]

NOTICE OF APPOINTMENT OR CHANGE OF SOLICITOR

TAKE NOTICE that ....................[name of new solicitor].................... has been appointed to act as the solicitor for the ....................[plaintiff or defendant as the case may be].................... in place of ..............................[name of former solicitor, or, if the party was previously acting personally, omit reference to previous solicitor].

Office address of new solicitor:

Party's address for delivery:

Fax number for delivery (if any):

Form 10A (Rule 16 (5) )

[Style of Proceeding]

NOTICE OF INTENTION TO WITHDRAW AS SOLICITOR

TAKE NOTICE that ..........[name of solicitor].......... intends to withdraw as solicitor of record in this proceeding.

Notice to the client and to all parties of record

If you object to the solicitor withdrawing from this proceeding you may, within 7 days of service of this notice, file in the registry and deliver to the solicitor a notice in the following form:

"I, ...........................[name]..........................., of ...........................[address]..........................., object to....................[name of the solicitor].................... withdrawing from this proceeding."

Notice to the client

If you do not object to the solicitor withdrawing from the proceeding, then you may file in the registry and deliver to all other parties of record a notice of change of solicitor in Form 10, or a notice of intention to act in person in Form 11.

If you fail either to object or to file a notice in Form 10 or Form 11, delivery of all further documents to you may be made by other parties in the proceeding by mailing a copy by prepaid mail to your last known address which is [set out last known address of the client].

Form 11 (Rule 16 (1) )

[Style of Proceeding]

NOTICE OF INTENTION TO ACT IN PERSON

TAKE NOTICE that I now intend to act personally in this proceeding in place of....................[name of solicitor].................... .

My address for delivery is:

Fax number for delivery (if any):

Form 12 (Rule 4 (10) )

[Style of Proceeding]

NOTICE OF CHANGE OF ADDRESS FOR DELIVERY

TAKE NOTICE that the address for delivery of .................................................. is now changed to:

Form 12A (Rule 16 (7) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL OF SOLICITOR

TAKE NOTICE that ....................[name of solicitor].................... has ceased to be the solicitor acting for ....................[name of party].................... and that for purposes of Rule 11 (10) the last known address of.................... [name of party].................... is ...................[set out last known address of client].................... .

Form 13 (Rule 20 (1) )

[Style of Proceeding]

STATEMENT OF CLAIM

[Set out allegations of fact in numbered paragraphs]

1. . . .

2. . . .

The plaintiff claims as follows:

(a) . . .

(b) . . .

Place of trial . . . .

Form 14 (Rule 21 (1) )

[Style of Proceeding]

STATEMENT OF DEFENCE

The defendant denies [specify].

The defendant says that [set out grounds of defence].

Wherefore the defendant submits . . .

Form 15 (Rule 21 (6) )

[Style of Proceeding]

COUNTERCLAIM

[Set out allegations of fact in numbered paragraphs]

1. . . .

2. . . .

The defendant claims as follows:

(a) . . .

(b) . . .

Form 16 (Rule 21 (11) )

[Style of Proceeding]

NOTICE TO DEFENDANT BY COUNTERCLAIM

To [name and address of defendant by counterclaim]:

This action has been brought by the plaintiff against the defendant. The plaintiff's claim against the defendant is set out in the writ of summons and statement of claim, copies of which are attached. The defendant's defence is set out in his or her statement of defence, a copy of which is also attached.

TAKE NOTICE that the defendant .................... [state name] .................. has filed a counterclaim, a copy of which is attached. In that counterclaim, a claim is made against you.

IF YOU INTEND TO DEFEND the claim made against you, or if you have a set off or counterclaim that you wish to have taken into account at the trial, YOU MUST

(a) GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court, at the address shown on the writ, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy of the Appearance to the address for delivery of the defendant ........................... which is set out in this notice, and

(b) FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER a copy of the Statement of Defence to the defendant's address for delivery referred to in paragraph (a) above.

YOU OR YOUR SOLICITOR may file the Appearance and the Statement of Defence. You may obtain a form of Appearance at the registry.

JUDGMENT MAY BE TAKEN AGAINST YOU IF

(a) YOU FAIL to file the Appearance within the Time for Appearance provided for below, or

(b) YOU FAIL to file the Statement of Defence within the Time for Defence provided for below.

TIME FOR APPEARANCE

If this notice and counterclaim are served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

If this notice and counterclaim are served on a person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere.

[or, if the time for appearance has been set by order of the court, within that time.]

TIME FOR DEFENCE

A Statement of Defence must be filed and delivered to the defendant ...................................... within 14 days after the end of the Time for Appearance provided for above.

[or, if the time for defence has been set by order of the court, within that time.]

Form 17 (Rule 22 (1) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

, Plaintiff(s)

and

, Defendant(s)

and

, Third Party/Parties

THIRD PARTY NOTICE

To [name and address of third party]:

THIS ACTION has been brought by the plaintiff against the defendant. The plaintiff's claim against the defendant is set out in the writ of summons [and, if applicable, the statement of claim].

TAKE NOTICE that the defendant claims against you [state in summary form the relief claimed against the third party]:

The facts on which the defendant relies are [state in summary form the material facts on which the defendant relies]:

IF YOU INTEND TO DEFEND this claim against you, or if you have a set off or counterclaim that you wish to have taken into account at the trial, YOU MUST

(a) GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court, at the address shown below, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy of the Appearance to the defendant's address for delivery, which is set out in this Third Party Notice, and

(b) FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER a copy of the Statement of Defence to the defendant's address for delivery.

YOU OR YOUR SOLICITOR may file the Appearance and the Statement of Defence. You may obtain a form of Appearance at the registry.

JUDGMENT MAY BE TAKEN AGAINST YOU IF

(a) YOU FAIL to file the Appearance within the Time for Appearance provided for below, or

(b) YOU FAIL to file the Statement of Defence within the Time for Defence provided for below.

TIME FOR APPEARANCE

If this notice is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

If this notice is served on a person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere.

[or, if the time for appearance has been set by order of the court, within that time.]

TIME FOR DEFENCE

A Statement of Defence must be filed and delivered to the defendant ....................................... within 14 days after the end of the Time for Appearance provided for above.

[or, if the time for defence has been set by order of the court, within that time.]

Form 18 (Rule 23 (1) )

[Style of Proceeding]

REPLY

In reply to ............................ [set out reply to the allegations in the statement of defence requiring an answer].

Form 19 (Rule 23 (4) )

[Style of Proceeding]

STATEMENT OF DEFENCE TO COUNTERCLAIM

The plaintiff denies [specify].

The plaintiff says that [set out grounds for defence].

Wherefore the plaintiff submits . . .

Form 20 (Rule 27 (16) )

[Style of Proceeding]

APPOINTMENT TO EXAMINE FOR DISCOVERY

To [the person to be examined]:

TAKE NOTICE that you are required to attend for your examination for discovery at the time, date, and place set out below. Unless the court otherwise orders, you are required to bring with you all documents in your possession or control relating to the matters in question in this action. Please note the provisions of the Rules of Court reproduced on the back of this appointment.

Time ...................................................................

Date .................[Day].............[Month]...............[Year] ....................

Place ...................................................................

[Back]

Rules 2 (5) and 56 (4) of the Rules of Court state in part:

"2 (5) Where a person, contrary to these rules and without lawful excuse,

(a) refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery,

then

(f) where the person is the plaintiff, petitioner, or a present officer of a corporate plaintiff or petitioner, or a partner in or manager of a partnership plaintiff or petitioner, the court may dismiss the proceeding, and

(g) where the person is the defendant, respondent or a third party or a present officer of a corporate defendant, respondent or third party, or a partner in or manager of a partnership defendant, respondent or third party, the court may order the proceeding to continue as if no appearance had been entered. . . .

56 (4) A person who is guilty of an act or omission described in Rule 2 (5), or Rule 40 (19), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of court and subject to the court's power to punish contempt of court."

Form 21 (Rules 28 (5), 38 (3), 40 (34), 40 (39) )

[Style of Proceeding]

SUBPOENA

To [name and address]:

TAKE NOTICE that you are required to attend to testify as a witness at the time, date, and place set out below. You are also required to bring with you all documents in your possession or control relating to the matters in question in this proceeding [and, where applicable, the following physical objects]:

Please note the provisions of the Rules of Court reproduced on the back of this subpoena.

Time ...................................................................

Date .................[Day].............[Month]..................[Year]

Place ...................................................................

[Back]

Rules 2 (5) and 56 (4) of the Rules of Court state in part:

"2 (5) Where a person, contrary to these rules and without lawful excuse,

(a)refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery,

then

(f) where the person is the plaintiff, petitioner, or a present officer of a corporate plaintiff or petitioner, or a partner in or manager of a partnership plaintiff or petitioner, the court may dismiss the proceeding, and

(g) where the person is the defendant, respondent or a third party or a present officer of a corporate defendant, respondent or third party, or a partner in or manager of a partnership defendant, respondent or third party, the court may order the proceeding to continue as if no appearance had been entered. . . .

56 (4) A person who is guilty of an act or omission described in Rule 2 (5), or Rule 40 (19), in addition to being subject to any consequences prescribed by those rules, is guilty of contempt of court and subject to the court's power to punish contempt of court."

Form 22 (Rule 29 (1) )

[Style of Proceeding]

INTERROGATORIES

Interrogatories on behalf of ...................[party].................. for the examination of ...........................[person(s) required to answer]..................:

[Set out numbered questions to be answered specifying the person to answer, if the questions are directed to more than one person.]

Form 23 (Rule 31 (1) )

[Style of Proceeding]

NOTICE TO ADMIT

TAKE NOTICE that ..................[party].................. requests ..................[party].................. to admit, for the purpose of this proceeding only, the facts set out below and the authenticity of the documents referred to below, copies of which are attached.

AND TAKE NOTICE that, unless the court otherwise orders, if the party to whom this notice is directed does not deliver a written statement, as provided in Rule 31 (2) within 14 days after delivery of a copy of this notice to him or her, then the truth of the facts and the authenticity of the documents shall be deemed to be admitted.

The facts, the admission of which is requested are

[Set out facts, using a separate numbered paragraph for each fact requested to be admitted]:

The documents, the authenticity of which admission is requested, are [list documents]:

Form 24 (Rules 32 (6) and 57 (29) )

[Style of Proceeding]

APPOINTMENT

I appoint:

as the time and place for the (check one or more):

 assessment of the bill of costs of ...................................[party].......................................

 review of the bill of ............................[name of lawyer or law firm].....................................

 examination of the agreement between ........................[lawyer].................. and ............[client]..........

 settlement of the order of ..........[Mr. Justice, Madam Justice or Master]..................................

made [date)..........

 examination of .........................[name of debtor]............................... pursuant to subpoena

 passing of accounts of ...............[executor, administrator, receiver or other]....................................

 reference under the Court Order Enforcement Act

 reference ordered by...................[Mr. Justice, Madam Justice or Master].................................

 assessment of sheriff's fee

 other

Attached to this Appointment is the bill of costs, lawyer's bill(s), sheriff's bill(s), agreement or order that is the subject of the Appointment.

Full name, address and telephone number of party or party's solicitor:

name ...................................................................

address ..............................................................

..................................................................

telephone ...........................................................

[Indicate whether application will be of time consuming or contentious nature, and estimate the amount of time required.]

Form 25 (Rule 32 (16) )

[Style of Proceeding]

NOTICE OF ORDER

To [name and address of each person to be served]:

TAKE NOTICE of the order of
dated the .................. day of ..........................., 20..., a copy of which is attached.

You may apply to court within 28 days after service of this notice upon you to discharge, vary, or add to the order.

Alternatively, you may file a form entitled "Appearance" in the above registry of this court and deliver a copy of the "Appearance" to each of the following addresses for delivery [set out below], following which you are entitled to take part in the proceeding taken under the order.

Name and address for delivery of each party:

Form 25A (Rule 33A (3) )

No. ..............................

............................. Registry

In the Supreme Court of British Columbia

IN THE MATTER OF A STATED CASE UNDER [insert statutory provision under which the stated case is being referred to the court]

Between

, Applicant

and

, Respondent(s)

NOTICE OF STATED CASE

ON NOTICE TO:

[Name and address of each person to whom this notice is to be delivered]

THIS CASE STATED by ....[insert name of original tribunal].... under ....[insert the specific section numbers of the enactment under which the stated case is being referred to the court].... at the request of ....[insert name of person, if any, who requested the stated case].... seeks the determination of the Supreme Court on the question(s) of law set out below in relation to which the following are the relevant facts:

[state in numbered paragraphs all the facts that are relevant to the stated case]

The question(s) of law to be determined by the Supreme Court is (are) as follows:

[set out in numbered paragraphs the question(s) of law to be determined]

The evidence relevant to the stated case is as follows:

[state in numbered paragraphs all the evidence that is relevant to the stated case]

Address for delivery of the original tribunal is:

Fax number for delivery (if any):

 

Address for delivery of the person requesting the stated case is:

Fax number for delivery (if any):

Form 25B (Rule 33A (9) (a))

No. ..............................

............................. Registry

In the Supreme Court of British Columbia

IN THE MATTER OF A STATED CASE UNDER [insert statutory provision under which the stated case is being referred to the court]

Between

, Applicant

and

, Respondent(s)

NOTICE OF HEARING OF STATED CASE

TAKE NOTICE that this stated case will be heard at ...............[place]............... on ...............[date]............... at the hour of ............... .

Time estimate:

 

Form 26 (Rule 36 (1) )

[Style of Proceeding]

NOTICE OF DISCONTINUANCE

TAKE NOTICE that [where notice of trial has been given, add either "with the consent of all parties of record" or "by leave of the court"] the ........................................................................................ discontinues this proceeding against .........................................................................................

[Note: If proceeding is only partially discontinued, modify this form accordingly, indicating which portion of the proceeding is discontinued.]

Form 27 (Rule 36 (3) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL

TAKE NOTICE that the defendant ............................................. withdraws his or her defence in this action.

[Note: If part only of the defence is withdrawn, modify this form accordingly, indicating which part is withdrawn.]

Forms 28 And 29

Repealed. [B.C. Reg. 55/93, s. 30.]

Form 30 (Rule 58 (16) )

[Style of Proceeding]

DECLARATION

RE APPLICATION FOR PAYMENT OUT OF INFANTS' FUNDS

I, ....................[present name in full]...................., of ........................[address]...................., DO SOLEMNLY DECLARE:

1. That I am the person for whom funds are held in court and I am the same person as ........................................ named in the order of ........................................ made on .............................. .

2. That I attained the full age of 19 years on ..........[date]......... .and submitted herewith is a copy of my birth certificate [or] my birth certificate for examination by the registry.

3. That I am entitled to payment of the funds.

4. That my name has been changed from that shown on the original court order. Proof is attached.

And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

Declared before me at .............................., this .......... day of ...................., 20... .

If cheque is to be mailed to other than above address, state here:

AUTHORIZATION FOR PAYMENT OUT

[To be completed by the registry]

Original name [if changed] ...................................................................

Registry ......................................................... Proceeding No................................................

Date paid into court .............................................. Treasury No. ..............................................

Amount (including accrued interest) $..................................................

Form 31 (Rule 38 (6) )

[Style of Proceeding]

ORDER FOR EXAMINATION OF PERSONS
OUTSIDE THE JURISDICTION

THE APPLICATION of ........................................, coming on before me on .............................., and upon hearing ........................................, counsel for the applicant, and ........................................, counsel for ..................................................:

THIS COURT ORDERS that .............................., of .............................., is appointed an examiner for the purpose of taking the examination, cross-examination, and re-examination orally, on oath or affirmation, of .............................., of .............................., and .............................., of ..........[persons to be examined on the part of the (party) ].........., and of any other persons as the solicitors or agents of the parties shall mutually request the examiner in writing to examine, at .............................. in .....[name of the province, state, or county]......:

AND FURTHER ORDERS that the solicitor for the applicant give to the solicitor of each of the other parties .......... days notice in writing of the date on which the solicitor proposes to send this order to the examiner for execution, and that .......... days after delivery of the notice the solicitors for the parties respectively exchange the names of their solicitors or agents at .............................., to whom notice relating to the examination of the persons may be sent:

AND FURTHER ORDERS that .......... days notice (exclusive of Saturday and Sunday) before the examination of any person shall be given by the examiner to the solicitor or agent of each of the parties and to each person to be examined unless the notice is waived:

AND FURTHER ORDERS that the examination be conducted in accordance with the enclosed instructions, with such modifications as may be necessary:

AND FURTHER ORDERS that the depositions, together with any document referred to in them, or certified copy of or extract from the document be sent forthwith by the examiner to the Registrar of the Supreme Court of British Columbia at the courthouse at ........................................, who shall deliver the depositions and documents to the applicants and provide copies to any party on request.

By the Court

Form 32 (Rule 38 (6) )

[Style of Proceeding]

INSTRUCTIONS TO EXAMINER

To [name and address]:

You have been appointed Examiner to take the evidence of .............................. . A copy of the order appointing you is attached. The law of British Columbia will apply to the taking of this evidence.

The party wishing to examine .............................. before you is required to serve [him or her] with a subpoena and tender the proper fees not less than .......... days before the date you fix for the examination.

The witness and any interpreter will be sworn or affirmed in accordance with the form set out below.

After the examination has been held and the evidence transcribed and the transcript certified by you as correct, you are to send the deposition and other documents by registered mail to the registrar, courthouse ....................[address].................... .

OATH (OR AFFIRMATION) OF WITNESS

Do you swear that the evidence that you will give in these proceedings shall be the truth, the whole truth, and nothing but the truth, so help you God?

[Or]

Do you affirm that the evidence that you will give in these proceedings shall be the truth, the whole truth, and nothing but the truth?

Interpreter's Oath

Will you truly, faithfully, and without partiality to any party in this proceeding, and to the best of your ability, interpret and translate any oath or affirmation that will be administered and all questions that may be asked of any witness and his or her answers, so help you God?

Form 33 (Rule 38 (7) )

[Style of Proceeding]

ORDER FOR ISSUE OF A LETTER OF REQUEST TO
JUDICIAL AUTHORITY OF ANOTHER JURISDICTION

UPON THE APPLICATION of .............................., coming on before me on ...................., and upon hearing .............................., of counsel for the applicant and .............................., of counsel for ..............................:

THIS COURT ORDERS that the attached letter of request be issued:

AND FURTHER ORDERS that the registrar, on receipt of the deposition taken pursuant thereto, shall deliver them to the applicant and provide copies to any party on request.

By the Court

Form 34 (Rule 38 (7) )

[Style of Proceeding]

LETTER OF REQUEST FOR EXAMINATION
OF WITNESS OUT OF JURISDICTION

To the judicial authority of .............................. in the .............................. of ............................ .

Whereas this proceeding is now pending in the Supreme Court of British Columbia in which the plaintiff claims ...................................:

And whereas it appears to me that it is necessary for the purposes of justice and for the due determination of the matters in question between the parties that the following persons should be examined upon oath or affirmation relating to those matters, namely .............................., of .............................., and .............................., of .............................., and such other persons as the solicitors or agents of the parties shall mutually request you in writing to examine, and it appears that persons are residents within your jurisdiction:

Now I, .............................., a Judge of the Supreme Court of British Columbia, hereby request that, for the assistance of the court, you will be pleased to summon the solicitors or agents of the parties and the witnesses to be examined, to attend at such time and place as you shall appoint, either before you or such other person as according to your procedure is competent to take the deposition examination of witnesses, and that you will cause the witnesses to be examined orally or by interrogatories relating to the matters in question, in the presence of the solicitors or agents of the parties or such of them as shall, on due notice given, attend the examination:

And I further request that you permit the solicitor or agent of any party present to examine any witness called by the solicitor or agent and the solicitor or agent of any opposing party to cross-examine the witness and the solicitor or agent of the party calling the witness to re-examine the witness:

And I further request that you will be pleased to cause the evidence of each witness to be recorded verbatim, and any document produced on the examination to be marked for identification, and that you will be further pleased to authenticate the depositions taken on the examination and any document, or certified copy of the same or any extract therefrom by the seal of your tribunal or in such other way as is in accordance with your procedure, and to return the same, together with any interrogatories and a note of the charges and expenses payable in respect of the execution of this request to the Under Secretary of State for External Affairs of Canada at Ottawa, Canada [or, if the judicial authority to whom the letter is addressed is in Canada, to the Deputy Attorney General for the Province of British Columbia, Parliament Buildings, Victoria, British Columbia], for transmission to the Registrar of the Supreme Court of British Columbia at the courthouse at ....................

Form 35 (Rule 39 (2) )

[Style of Proceeding]

NOTICE OF TRIAL

TAKE NOTICE that the trial of this proceeding has been set down for hearing at the courthouse

Nature of action...................................................................

The place of trial set out above is the place of trial:
set out in the statement of claim.
[or]
set out in the order of this Honourable Court dated ....................................................................

All solicitors of record and unrepresented parties of record in this action agree that not more than is a reasonable time for the hearing of all evidence and argument in this action.
[or]
There is disagreement as to the estimate of a reasonable time for the hearing of all evidence and argument in this action. The estimates of the solicitors of record and of the unrepresented parties of record are as follows:

I undertake to pay all hearing fees payable under Appendix C, Schedule 1, Item 14.

Full name, address and telephone number of party or solicitor having conduct of action:

name ...................................................................

address ..............................................................

..................................................................

telephone ...........................................................

[Full names, addresses and telephone numbers of all solicitors having conduct of action and unrepresented parties of record for contact by the registry.]

Form 36

Repealed. [B.C. Reg. 143/94, s. 18, eff. July 1, 1994.]

Form 36A

Repealed. [B.C. Reg. 193/2007, s. 15, eff. July 1, 2007.]

Form 37 (Rule 39 (19) )

[Style of Proceeding]

TRIAL CERTIFICATE

I, .............................. [or solicitor for], the plaintiff [or defendant], certify:

1. I will be ready to proceed on the scheduled trial date ................ [state date trial is scheduled to commence].............. at ..............[state place of trial]................ .

2. My current estimate is that the trial will last .......................................... days.

3. I have completed all examinations for discovery.

4. If the action is settled before trial, I will give the District Registrar prompt notice of the settlement.

5. I will give the District Registrar prompt notice of any proposed adjournment of the trial.

Form 38 (Rule 39 (26) )

[Style of Proceeding]

NOTICE REQUIRING TRIAL BY JURY

TAKE NOTICE that the [party] requires the trial of this proceeding to be by a judge with a jury.

Scheduled Trial Date .............................................

Form 39 (Rule 40 (12) )

[Style of Proceeding]

NOTICE TO PRODUCE

To [other party]:

TAKE NOTICE that ....................[party].................... requires you to produce at the trial of this action [or at the deposition examination of .....................................] all documents in your possession or control relating to the matters in question [and, where applicable, the following physical objects]:................................................................................................................

................................................................................................................................................................................................................................................

Form 40 (Rule 40 (17.1) )

[Style of Proceeding]

NOTICE OF INTENTION TO CALL
ADVERSE PARTY AS A WITNESS

To [name and address]:

TAKE NOTICE that ....................[party].................... requires you to appear at the trial of this action at .........[time].......... on ....................day, the .......... day of ...................., 20..., at ....................[place of trial].................... for the purpose of being called as a witness under Rule 40 (17), (17.1) or (17.2).

[Back]

Rule 40 (19) states:

(19) If a person or party referred to in a notice delivered under subrule (17.1) refuses or neglects to attend at the trial, to be sworn or to affirm, to answer a proper question put to the person or to produce a document that the person is required to produce, the court may do one or more of the following:

(a) pronounce judgment in favour of the party who delivered the notice under subrule (17.1);

(b) adjourn the trial;

(c) make an order as to costs;

(d) make any other order it thinks just.

Form 41 (Rule 40 (41) )

[Style of Proceeding]

WARRANT

To any Peace Officer:

WHEREAS ....................[name and address of person].................... was subpoenaed to give evidence at the trial of this proceeding and failed to attend [or failed to remain in attendance].

THIS COURT ORDERS you to apprehend and bring him or her forthwith before the court at ........................................................................... and thereafter deal with him or her as directed.

Form 42 (Rule 41 (9) )

[Style of Proceeding]

ORDER

THIS ACTION coming on for trial at .............................., on the .......... day of ...................., 20..., and on hearing .............................., counsel for the plaintiff, and .............................., counsel for the defendant, AND JUDGMENT being reserved to this date:

THIS COURT ORDERS that

1.

2.

3.

By the Court

Form 43 (Rule 41 (9) )

[Style of Proceeding]

ORDER

THE APPLICATION of ........................................, coming on for hearing at .............................., on the .................... day of ..............................., 20..., and on hearing .............................., counsel for the .............................., and .............................., counsel for the ..............................:

THIS COURT ORDERS that

1.

2.

3.

By the Court

Form 44 (Rule 41 (19) )

[Style of Proceeding]

APPOINTMENT TO SETTLE

I APPOINT

Time

Date .........................[Day]......................[Month]..............[Year]

Place............................................................................................................................................................................

as the time and place for the settlement of the terms of the order of .............................., pronounced on the .......... day of ...................., 20..., in this proceeding.

To [party]

TAKE NOTICE of the above appointment.

[Note: Draft order to be attached to this appointment.]

Form 45 (Rule 42 (1) )

[Style of Proceeding]

WRIT OF SEIZURE AND SALE

To the Sheriff:

You are commanded forthwith to seize and sell at public auction or by tender for the best available price sufficient of the goods and chattels of the undermentioned person to realize the sums set out on the back of this writ, which are payable by virtue of the attached order of this Honourable Court, together with your costs, fees, and expenses for executing this writ.

After carrying out the above instructions you shall pay to the person specified on the back of this writ from the amount realized the sum or sums that are payable to him or her and account therefor by return to the court.

Name and address of solicitor or person causing this writ to be issued:

[Back]

Name and address of person whose goods and chattels are to be seized:

Amount remaining due and payable on judgment:

Amount of costs remaining due and payable:

Amount of interest on judgment and costs remaining due and payable:

Costs of party entitled to execution:

Sheriff's costs [to be filled in by Sheriff]:

Total [to be filled in by Sheriff]:

Identity of person entitled to payment of judgment:

Form 46 (Rule 42 (2) and (4) )

[Style of Proceeding]

WRIT OF SEQUESTRATION

To the Sheriff:

You are authorized and commanded to enter upon and take possession of all the real and personal estate of .............................. and to collect and receive the rents and profits of his or her real and personal estate and keep the same under sequestration in your hands until .............................. shall satisfy you that that person has complied with the attached order and has paid the costs, fees, and expenses of execution of the person entitled to execution and the costs, fees, and expenses for executing this writ.

Form 47 (Rule 42 (3) )

[Style of Proceeding]

WRIT OF POSSESSION

To the Sheriff:

WHEREAS it was on the .......... day of ...................., 20..., ordered that the defendant, .............................. deliver to the plaintiff, ..............................[or the plaintiff, .............................., recover from the defendant, ..............................], possession of [.............................. set out street address, municipality, province, or legal description of land, if available]:

YOU ARE COMMANDED forthwith to enter the land and cause .............................. to have possession of it:

AND YOU ARE ALSO COMMANDED forthwith to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of .............................. to realize the plaintiff's costs, fees and expenses of execution and the costs, fees, and expenses for executing this writ.

Form 48 (Rule 42 (4) )

[Style of Proceeding]

WRIT OF DELIVERY

To the Sheriff:

WHEREAS it was, on the .......... day of ...................., 20..., ordered that the defendant, .............................., deliver to the plaintiff, .............................., the following goods [describe the goods]:

YOU ARE COMMANDED forthwith to cause the goods to be delivered to:

AND YOU ARE ALSO COMMANDED forthwith to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of ..............................

to realize the plaintiff's costs, fees, and expenses of execution and the costs, fees, and expenses for executing this writ.

Form 49 (Rule 42 (4) )

[Style of Proceeding]

WRIT OF DELIVERY OR ASSESSED VALUE

To the Sheriff:

WHEREAS it was, on the .......... day of ...................., 20..., ordered that the defendant, .............................., deliver to the plaintiff, .............................., the following goods [describe the goods]:

YOU ARE COMMANDED forthwith to cause the goods to be delivered to:

AND YOU ARE ALSO COMMANDED forthwith to seize and sell at public auction or tender for the best price available sufficient of the goods and chattels of .............................. to realize the plaintiff's costs, fees, and expenses of execution and the costs, fees, and expenses for executing this writ.

If the goods which you are to have delivered to .............................. cannot be found within the Province, then you are commanded to realize, in addition to any other sums referred to in this writ, from the goods and chattels of .............................., the sum of $...................., together with your costs, fees, and expenses of so doing and pay the sum to the plaintiff together with the plaintiff's costs, fees, and expenses of execution.

Form 50 (Rule 42 (19) )

[Style of Proceeding]

ACKNOWLEDGMENT OF PAYMENT

I ACKNOWLEDGE PAYMENT of $.................... in full [partial] satisfaction of the judgment dated the .......... day of ...................., 20... .

Signed this .......... day of....................,20..., in the presence of

...................................................................
[Name]

...................................................................
[Address]

...................................................................
[Occupation]

Form 51 (Rule 42 (23) )

[Style of Proceeding]

SUBPOENA TO DEBTOR

To [name and address of person]:

TAKE NOTICE that the amount set out in the endorsement below is now owing by the debtor ....................[name].................... on the order dated .............................., a copy of which is attached.

YOU ARE REQUIRED TO appear personally at the courthouse at ....................[address].................... at ..........[time].......... on the ....................[date].................... to be examined on oath as to

(a) the income and property of the debtor,

(b) the debts owed to and by the debtor,

(c) the disposal the debtor has made of any property, and

(d) the means the debtor has, or has had, or in future may have of satisfying the order:

AND TAKE NOTICE that if you fail to attend as required by this subpoena, an application may be made for your arrest and imprisonment WITHOUT ANY FURTHER NOTICE OR ANY DOCUMENT OTHER THAN THIS SUBPOENA BEING GIVEN TO YOU.

Address of creditor or creditor's solicitor:

[Back]

ENDORSEMENT OF AMOUNT PAYABLE

[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and of proceedings subsequent to the order, the amounts paid and dates of payment, the interest owing and how computed.]

If the total amount payable is paid to the creditor or into court for the account of the creditor before the date of the hearing, you are excused from attending.

WARNING: Failure to attend at the hearing of this subpoena can result in your arrest and committal to prison WITHOUT DELIVERY TO YOU OF ANY FURTHER NOTICE or document.

Form 52 (Rule 42 (34) )

[Style of Proceeding]

NOTICE OF MOTION FOR COMMITTAL

To [name of person]:

WHEREAS on ....................[date].................... the creditor ....................[name].................... obtained against the debtor ....................[name].................... an order to pay ....................[set out terms of order]...................., and the creditor alleges that the debtor has failed or neglected to make payment in accordance with the order, and that you knew of the order:

TAKE NOTICE that an application will be made by the creditor at the courthouse at ....................[address].................... at ..........[time].......... on the....................[date].................... for an order committing you to prison:

AND TAKE NOTICE that in support of the application will be read . . .

AND TAKE NOTICE that if you fail to attend you may be committed to prison without further notice.

Address of creditor or creditor's solicitor:

[Back]

ENDORSEMENT OF AMOUNT PAYABLE

[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and of proceedings subsequent to the order, the amounts paid and dates of payment, the interest owing and how computed.]

If the total amount payable is paid to the creditor or into court for the account of the creditor before the date of the hearing, you are excused from attending.

WARNING: Failure to attend at the hearing of this application can result in your arrest and committal to prison WITHOUT DELIVERY TO YOU OF ANY FURTHER NOTICE or document.

Form 53 (Rule 42 (36) )

[Style of Proceeding]

ORDER OF COMMITTAL

THIS COURT ORDERS that

1. by reason of ....................................................................[here set out grounds of committal], ................................................[person committed]........................................... be committed to prison for .......... days:

2. the sheriff and all peace officers arrest ..........................................[person to be committed].................... and bring him or her forthwith before this court at ..............................[place]................... and, unless otherwise ordered, deliver him or her to the warden of ..........[name of prison]..........:

3. the warden receive ....................[person to be committed]................. and keep him or her for .......... days from his or her arrest under this order or until he or she is sooner discharged by due process of law.

By the Court

This order is in force for one year only from the date of the order.

[Back]

ENDORSEMENT OF AMOUNT PAYABLE

[Set out, in the form of an account, the amount of the debt or instalment owing, the costs incurred on the order and of proceedings subsequent to the order, the amounts paid and dates of payment, the interest owing and how computed.]

If the total amount payable is paid to the registrar, or to the sheriff or peace officer or warden who has you in his or her custody, then this order will be discharged.

Form 54 (Rule 43 (6) )

[Style of Proceeding]

CERTIFICATE OF RESULT OF SALE

I .............................., of .............................., ..........[occupation].........., make oath and say as follows:

1. That I did, in accordance with the provisions of the order of this court dated the .......... day of ...................., 20..., sell by auction [or as the case may be] the property described in the certificate on the day shown in the certificate.

2. That the result of the sale is truly set forth in the certificate.

Form 55 (Rule 44 (3) )

[en. B.C. Reg. 367/2000, Sch. s. 10.]

[Style of Proceeding]

NOTICE OF MOTION

To [party or person affected]:

TAKE NOTICE that an application will be made by .................................[party] .................................to the presiding judge or master at the courthouse at ...............................[address]......................................................at a date and time to be set for an order that [set out orders sought in numbered paragraphs or attach a draft order in numbered paragraphs].

The applicant will rely on [set out rule or enactment relied upon].

At the hearing of the application, the applicant will rely on the following affidavit(s) and other documents [set out affidavits delivered with the notice of motion and any other affidavits and other documents already in the court file on which the applicant will rely].

The applicant estimates that the application will take.................................minutes

If you wish to receive notice of the time and date of the hearing or to respond to the application, you must, within the proper time for response,

(a) deliver to the applicant

(i) 2 copies of a response in Form 124, and

(ii) 2 copies of each of the affidavits and other documents, not already in the court file, on which you intend to rely at the hearing, and

(b) deliver to every other party of record

(i) one copy of a response in Form 124, and

(ii) one copy of each affidavit and other document, not already in the court file, on which you intend to rely at the hearing.

TIME FOR RESPONSE

If the application is for a final judgment under Rule 18A, the response must be delivered on or before the 11th day after the delivery to you of the notice of motion.

In all other cases, the response must be delivered on or before the 8th day after the later of

(a) the last date fixed for entry of appearance by you, and

(b) the date on which the notice of motion was delivered to you.

Form 56 (Rules 41 (16), (16.1) and (16.3) and 64 (9) )

[Style of Proceeding]

REQUISITION

Form 56A (Rule 41 (13), (16) and (16.3) )

[Style of Proceeding]

ORDER

ON THE APPLICATION of the ....................................................................[Party], without a hearing (and, if applicable, by consent)

THIS COURT ORDERS that

1.

2.

3.

Consented to: [if applicable]

...........................................................................................

...........................................................................................

By the Court

Form 57 (Rule 47 (2) )

[Style of proceeding]

SECURITY FOR RECEIVER

Date of this guarantee ...............[Day]...............[Month]..............[Year]

Name and address of receiver.........................[Address]

Name and registered office of surety ..............................[Registered office]

Liability of surety under this guarantee     $ ...................................

Annual premium                                              $ ...................................

This guarantee is made between the RECEIVER, THE SURETY, AND HER MAJESTY THE QUEEN in right of British Columbia.

1. The receiver and the surety hereby jointly and severally covenant with Her Majesty the Queen in right of British Columbia that the receiver will, from time to time, duly account for what the receiver has already received since the date of the order appointing the receiver and shall hereafter receive or for what since the date of the order the receiver has or shall hereafter become liable to pay or account for as receiver [and manager] and will pay every sum of money and deliver every property that the court may direct.

2. If the receiver shall not, for every successive 12 months computed from the date of the receiver's appointment, pay at the office of the surety the annual premium noted above, then the surety shall be at liberty to apply to be relieved from all further liability under this guarantee, except in respect of any damage or loss occasioned by any act or default of the receiver in relation to the receiver's duties as receiver [and manager] prior to the hearing and determination of the application.

3. A statement under the hand of the registrar of the amount which the receiver is liable to pay and has not paid under paragraph 1 and that the loss or damage has been incurred through the act or default of the receiver shall be conclusive evidence in any action by Her Majesty against the receiver and surety, or either of them, or by the surety against the receiver, of the truth of the contents of the statement and shall constitute a binding charge not only against the receiver and the receiver's personal representatives, but also against the surety and its funds and property without it being necessary for Her Majesty to take any proceedings against the surety and the surety's funds and property and without it being necessary for Her Majesty to take any proceedings against the receiver for the recovery thereof and without any further or other proof being given in that behalf in any action to enforce this guarantee.

4. The liability of the surety under this guarantee is limited to the sum noted above, provided that the registrar may give his or her approval in writing to the reduction of the liability of the surety, in which event the surety's maximum liability with respect to any acts or omissions of the receiver subsequent to the date of the approval is reduced accordingly and provided further that an endorsement executed by the surety increasing the liability of the surety shall be binding on the surety with respect to any acts or omissions of the receiver subsequent to the date of that endorsement.

5. The receiver will, on being discharged from office or on ceasing to act as receiver [and manager], forthwith give written notice thereof to the surety, and also within 7 days of the notice give the surety a copy of any order discharging the receiver.

6. The receiver and the receiver's personal representatives will at all times hereafter indemnify the surety against all loss, damage, costs, and expenses which the surety sustains by reason of the surety having executed this guarantee.

In witness whereof, the receiver has hereunder set his or her hand and seal and the surety has caused its common seal to be affixed the .......... day of .................., 20... .

Surety     [Seal]

Receiver  [Seal]

ENDORSEMENT TO GUARANTEE NO.

The liability of the surety under this guarantee has been increased from $..................to $.................., effective ........................... with respect to any acts or omissions of the receiver subsequent to that date.

Surety    [Seal]

Form 58 (Rule 47 (2))

[Style of Proceeding]

SECURITY OF RECEIVER BY UNDERTAKING

I, .............................., of .............................., in the .............................. of .............................., the receiver [and manager] appointed by order made the .......... day of ...................., 20..., by ............................. in this proceeding, hereby undertake to the court duly to account for all money and property received by me as receiver [and manager] or for which I may be held liable, and to pay the balance from time to time found due from me and to deliver any property received by me as receiver [and manager] at such times and in such manner as the court directs.

And we ..............................[names and addresses of sureties].............................. hereby jointly and severally undertake to the court to be answerable for any default by....................[name of receiver].................... as receiver [and manager] and upon such default to pay as the court directs any amounts not exceeding in the whole $.................... that may from time to time be certified by the registrar to be due from the receiver, and we submit to the jurisdiction of the court to determine any claim made under this undertaking.

ENDORSEMENT TO SECURITY

The liability of the surety under this guarantee has been increased from $.................... to $...................., effective .............................. with respect to any acts or omissions of the receiver subsequent to that date.

Form 59 (Rule 49 (2) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

Appellant

and

Respondent [person or body appealed from]

NOTICE OF APPEAL

WHEREAS on the .......... day of ....................,20..., ....................[state name of person or body from whose decision appeal is brought].................... made the following decision [or direction or order as the case may be]: [state concisely the decision, direction, or order]:

AND WHEREAS an appeal lies to this court [or a judge of this court as the case may be] pursuant to...................[set out section of enactment allowing appeal]....................:

TAKE NOTICE that ....................[name and address of appellant].................... hereby appeals from the decision [direction or order] on the following grounds [set out concisely grounds of appeal]:

AND TAKE NOTICE that on ..........day, the .......... day of ....................,20..., at the courthouse at ....................[place].................... an application will be made to the presiding judge in chambers at ..........[time].......... for directions as to the conduct of the appeal [or as the case may be].

IF YOU INTEND to oppose the appeal, YOU MUST GIVE NOTICE of your intention by filing a form entitled Appearance in the above registry of this court and YOU MUST ALSO DELIVER a copy of the Appearance to the appellant's address for delivery, which is set out in this Notice of Appeal.

YOU OR YOUR SOLICITOR may file the Appearance. You may obtain a form of Appearance at the registry.

TIME FOR APPEARANCE

If this notice of appeal is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

If this notice of appeal is served on a person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere.

[or, if the time for appearance has been set by order of the court, within that time.]

The appellant's address for delivery of documents is:

Fax number for delivery (if any):

To [the person or body appealed from]

And to [all other persons who may be affected]

Form 59A (Rule 49 (2) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

Appellant

and

Respondent [person or body appealed from]

NOTICE OF APPEAL

WHEREAS on the .......... day of ....................,20..., ....................[state name of person or body from whose decision appeal is brought].................... made the following decision [or direction or order as the case may be]: [state concisely the decision, direction, or order]:

AND WHEREAS an appeal lies to this court [or a judge of this court as the case may be] pursuant to...................[set out section of enactment allowing appeal]....................:

TAKE NOTICE that ....................[name and address of appellant].................... hereby appeals from the decision [direction or order] on the following grounds [set out concisely grounds of appeal]:

ATTACHED are the standard set of directions, in the form directed by the Chief Justice, governing the conduct of the appeal.

IF YOU INTEND to oppose the appeal, YOU MUST GIVE NOTICE of your intention by filing a form entitled Appearance in the above registry of this court and YOU MUST ALSO DELIVER a copy of the Appearance to the appellant's address for delivery, which is set out in this Notice of Appeal.

YOU OR YOUR SOLICITOR may file the Appearance. You may obtain a form of Appearance at the registry.

TIME FOR APPEARANCE

If this notice of appeal is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

If this notice of appeal is served on a person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere.

[or, if the time for appearance has been set by order of the court, within that time.]

The appellant's address for delivery of documents is:

Fax number for delivery:

To [the person or body appealed from]

And to [all other persons who may be affected]

Form 59B (Rule 49 (7) )

No. ..............................................

.............................................. Registry

In the Supreme Court of British Columbia

Between:

Appellant

OR

And:

Respondent

NOTICE OF HEARING OF APPEAL

TAKE NOTICE that this appeal will be heard at .................................... on ....................... the ............................ day of .................., 20 ... at

Time estimate:

Form 59C (Rule 49 (8) )

No. ..............................................

.............................................. Registry

In the Supreme Court of British Columbia

Between:

Appellant

OR

And:

Respondent

NOTICE OF ABANDONMENT OF APPEAL

TAKE NOTICE THAT THE APPELLANT ........................ abandons this appeal.

Dated this ........ day of .................. , at British Columbia

Form 60 (Rule 51 (2) and (6) )

[Style of Proceeding]

AFFIDAVIT

I, ...................[name, address, and occupation of deponent].................., MAKE OATH (OR SOLEMNLY AFFIRM) AND SAY THAT:

1. . . .

2. . . .

3. . . .

............................................................................
A commissioner for taking affidavits
for British Columbia

ENDORSEMENT OF INTERPRETER

[where applicable]

I, ..................[name, address and occupation].................., certify that:

1. I have a knowledge of the English and ........................... languages and I am competent to interpret from one to the other.

2. I am advised by the deponent and verily believe that the deponent understands the ........................... language.

3. Before the affidavit on which this endorsement appears was made by the deponent I correctly interpreted it for the deponent from the English language into the .................. language and the deponent appeared to fully understand the contents.

Form 61 (Rule 53 (7) )

[Style of Proceeding]

NOTICE OF APPEAL FROM MASTER OR REGISTRAR

WHEREAS on the .......... day of ...................., 20..., ..........[identify registrar].......... made the following decision [or order]....................[state concisely the decision or order]....................:

TAKE NOTICE that [the plaintiff or as the case may be] appeals from that decision [or order] on the following grounds ..........[set out concisely the grounds of appeal]..........:

This appeal will be heard at..........[time].......... on ..........[date].......... at the courthouse at .............................. by the presiding judge in chambers.

Form 62 (Rule 54 (5) )

[Style of Proceeding]

ORDER TO REGISTER FOREIGN JUDGMENT

ON THE APPLICATION of .............................. coming on before me on ..........[date].......... and on hearing .............................., counsel for the applicant, and ............................., counsel for .............................. :

THIS COURT ORDERS that the judgment dated the .......... day of ....................,20..., of ..........[name of court].......... whereby it was adjudged that ..........[name and address of judgment creditor].......... recover from..........[judgment debtor].......... the sum of $.................... for debt [or as the case may be] and $.................... for costs, be registered in this court.

By the Court

Form 63 (Rules 56 (5) And 56 (6) )

In the Supreme Court of British Columbia

WARRANT

To any Peace Officer:

WHEREAS this court is of the opinion that .......... [name and address of person or corporation].......... may be guilty of contempt of court:

YOU are hereby ordered to apprehend ..........[name and address of person or director, officer, or employee of corporation].......... and promptly bring him or her before a judge of the Supreme Court, and thereafter deal with him or her as directed.

Dated at .............................. the .......... day of....................,20... .

Form 64 (Rule 37 (2) )

[Style of Proceeding]

OFFER TO SETTLE

To: [party]

The ..........[party].......... offers to settle this proceeding [or, the following claims in this proceeding] on the following terms [set out terms in consecutively numbered paragraphs] and costs in accordance with Rule 37.

Form 65 (Rule 37 (8) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL OF OFFER

To: [party]

The ..........[party].......... withdraws the offer to settle dated ..........[date].......... .

Form 65A (Rule 37 (14) )

[Style of Proceeding]

ACCEPTANCE OF OFFER

To: [party]

The ..........[party].......... accepts your offer to settle dated ..........[date].......... .

Form 66

Repealed. [B.C. Reg. 143/94, s. 20, eff. July 1, 1994.]

Form 67 (Rule 57 (28) )

[Style of Proceeding]

BILL OF COSTS OF ..................... .

Form 67A (Rule 57 (28) )

[Style of Proceeding]

BILL OF COSTS OF ........................

Form 68 (Rule 57 (32) )

[Style of Proceeding]

CERTIFICATE OF COSTS

I CERTIFY that on.......[date]....., the costs of the ...........[description and name of party]............., have been allowed against the ........[description and name of party]........ at $.......... .

[This certificate may be set out in a separate document or be endorsed on the bill of costs.]

Form 68A (RULE 57 (32.1) and LEGAL PROFESSION ACT, s. 81)

[Style of Proceeding]

CERTIFICATE OF FEES

I certify that on .......[date]..... the bill(s) delivered by ..............[name of lawyer].............. to

.................[name of person charged].............. and dated............[set out date(s)]........... have been reviewed, and that:

[NOTE: Under s. 78 (13) of the Legal Profession Act, the registrar may, on application, make an order for payment by instalments, or suspend execution on this certificate.]

Form 69 (Rule 61 (3) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Re: Estate of ................................................................, Deceased

AFFIDAVIT OF EXECUTOR

I, ..........[name, address and occupation of applicant].........., MAKE OATH (OR SOLEMNLY AFFIRM) AND SAY THAT:

1. ......................................................., late of .............[street address and city].............. in the Province of British Columbia ............[occupation]........ died on the ........ day of ............................ , 20....., at ........................ in the Province of British Columbia.

2. I believe Exhibit A to this affidavit to be the deceased's original last will which is dated the ........... day of..................., 20.... , [and Exhibit(s) A-1 (and A-2, etc.) to be the codicil(s) to it dated the......... day of.................., 20..... , etc., respectively)].

3. I am ............................................. executor(s) named in the will. (My appointment has not been revoked under section 16 of the Wills Act by reason of a decree of judicial separation, divorce, or nullity granted after the date of the will in respect of a marriage of the deceased.) [If any executors named in the will are not applying, explain why.]

4. To the best of my knowledge the deceased did/did not marry or remarry after the date of the will.

5. To the best of my knowledge the will is/is not witnessed by a person to whom, or to whose then wife or husband, a beneficial devise, bequest or other disposition or appointment is given or made.

6. I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.

7. The statement marked Exhibit B to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.

8. I will disclose forthwith to the court the existence of any asset or liability which has not been disclosed in Exhibit B hereto when I learn of the same.

9. I will administer according to law all of the estate which by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.

Sworn, etc.

Estate of........................................................., Deceased

ASSETS, LIABILITIES AND DISTRIBUTION

This is Exhibit B referred to in the affidavit
of..................................made before me at
....................................... this ......... day of
.................................................... 20...... .

...................................................................
A commissioner for taking affidavits
for British Columbia

Form 70 (Rule 61 (3) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Re: Estate of ................................................................, Deceased

AFFIDAVIT OF ADMINISTRATOR

I, ..........[name, address and occupation of applicant].........., MAKE OATH (OR SOLEMNLY AFFIRM) AND SAY THAT:

1. ......................................................., late of .............[street address and city].............. in the Province of British Columbia ............[occupation]....... died on the ........ day of ............................ , 20..... at ........................ in the Province of British Columbia.

2. I have made a careful search and believe the deceased died without having left any will, codicil or testamentary document.

3. The deceased was survived by [identify the applicant and any other person entitled to inherit under sections 82 to 89 of the Estate Administration Act, clear off any person who has a prior or equal right to apply for the grant and refer to all renunciations or consents filed].

4. I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.

5. The statement marked Exhibit A to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.

6. I believe there are no debts or liabilities for which the estate is or may be liable except as disclosed in Exhibit A all of which have been paid [except ..........(state whether any consent in writing has been given)..........].

7. I will disclose forthwith to the court the existence of any asset or liability which has not been disclosed in Exhibit A hereto when I learn of the same.

8. I will administer according to law all the estate which by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.

Sworn, etc.

Estate of........................................................., Deceased

Assets, Liabilities and Distribution

This is Exhibit A referred to in the affidavit
of .................................. made before me at
....................................... this ......... day of
.................................................... 20...... .

............................................................................                    .......................................................................................
A commissioner for taking affidavits
for British Columbia

Form 71 (Rule 61 (3) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Re: Estate of ................................................................, Deceased

AFFIDAVIT OF ADMINISTRATOR APPLYING FOR LETTERS
OF ADMINISTRATION WITH WILL ANNEXED

I, ..........[name, address and occupation of applicant].........., MAKE OATH (OR SOLEMNLY AFFIRM) AND SAY THAT:

1. ......................................................., late of .............[street address and city].............. in the Province of British Columbia ............[occupation]........ died on the ........ day of ............................ , 20..... at ........................ in the Province of British Columbia.

2. I believe Exhibit A to this affidavit to be the deceased's original last will which is dated the ........... day of..................., 20.... , [and Exhibit(s) A-1 (and A-2, etc.) to be the codicil(s) to it dated the ......... day of .................., 20..... , (and the .......... day of ...................., 20..., etc., respectively)].

3. There is no executor named in the will. [or, set out the reason no person is presently entitled and willing to act as executor of the will, e.g., executor named has predeceased, renounced, etc.]

4. I am .......... [identify the applicant's entitlement to the grant, e.g., one of the residuary beneficiaries, etc.].......... and the renunciation or consent of all persons having a prior or equal right to apply for the grant or entitled to share in the estate are filed herewith, as follows
........................................................................................................................................................... .

5. To the best of my knowledge the deceased did/did not marry or remarry after the date of the will.

6. To the best of my knowledge the will is/is not witnessed by a person to whom, or to whose then wife or husband, a beneficial devise, bequest or other disposition or appointment is given or made.

7. I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.

8. The statement marked Exhibit B to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.

9. I believe there are no debts or liabilities for which the estate is or may be liable except as disclosed in Exhibit B all of which have been paid [except .....................(state whether any consent in writing has been given)....................].

10. I will disclose forthwith to the court the existence of any asset or liability which has not been disclosed in Exhibit B hereto when I learn of the same.

11. I will administer according to law all the estate which by law devolves to and vests in the personal representative of the deceased and I will exhibit a true and perfect inventory of the estate and render a just and true account thereof whenever required by law to do so.

Sworn, etc.

Estate of ........................................................., Deceased

Assets, Liabilities and Distribution

This is Exhibit B referred to in the affidavit
of ..................................made before me at
....................................... this ......... day of
.................................................... 20...... .

............................................................................
A commissioner for taking affidavits
for British Columbia

Form 72 (Rule 61 (20) )

[Style of Proceeding]

NOTICE TO NEXT OF KIN

To [name and address of next of kin]:

You are advised that the applicant whose name is set out on the back of this notice has filed an application for grant of administration in this estate.

Particulars as to the estate are set out on the back of this notice.

It appears that you are a person eligible to apply for a grant of administration. Unless within .......... days [to be fixed by registrar] after the mailing of this notice to you, you notify the registrar in writing at the courthouse at ............................... of your intention to apply for a grant of administration or of any objection you may have to a grant of administration being made to the applicant, the court may grant administration to the applicant without further notice to you.

[Back]

Name of deceased:

Place of last residence:

Occupation:

Date of death:

Name and address of applicant for grant of administration:

Relationship of applicant to deceased:

Form 73 (Rule 61 (25) )

[Style Proceeding]

ADMINISTRATION BOND

We, ..................................., of ......................................, ................[occupation]..................; ........................., of .............................., ...............[occupation]...............; and ......................... of .............................., ...............[occupation]..............., are jointly and severally bound unto the Registrar of the Supreme Court of British Columbia at ..............................in the sum of $.......... to be paid to the registrar, for which payment we bind ourselves and each of us, for the whole, our heirs, executors, and administrators.

The condition of this obligation is that if the above named .............................., the intended administrator of all the estate which by law devolves to and vests in the personal representative of the deceased, .............................., when lawfully required,

(a) makes a true and perfect inventory of the estate which has or shall come into his or her possession, control, or knowledge, or into the possession or control of any other person for him or her,

(b) exhibits the inventory to the Supreme Court of British Columbia,

(c) well and truly collects and administers the estate according to law,

(d) makes a true account of his or her administration, and

(e) lodges the grant of administration in the court,

then this obligation will be void and of no effect, but otherwise will remain in full force .

Dated ...................................................................

Form 74 (Rule 61 (25) )

[Style of Proceeding]

ADMINISTRATION BOND ON RESEALING

We, ........................., of .............................., ...............[occupation]...............; ........................., of .............................., ...............[occupation]...............; and ......................... of .............................., ...............[occupation]..............., are jointly and severally bound unto the Registrar

of the Supreme Court of British Columbia at .................... in the sum of $.......... to be paid to the registrar, for which payment we bind ourselves and each of us, for the whole, our heirs, executors, and administrators.

The condition of this obligation is that if the above named ...................., the administrator acting under letters of administration of the estate of ...................., deceased, granted to him or her on the .......... day of ...................., 20..., by ..........[name of issuing court].......... and now about to be resealed in the Province of British Columbia under the Probates Recognition Act, when lawfully required,

(a) makes a true and perfect inventory of the estate in the Province of British Columbia which has or shall come into his or her possession, control, or knowledge, or into the possession or control of any other person for him or her,

(b) exhibits the inventory to the Supreme Court of British Columbia,

(c) well and truly collects and administers the estate according to law,

(d) makes a true account of his or her administration, and

(e) lodges the grant of administration in the court,

then this obligation will be void and of no effect, but otherwise will remain in full force.

Dated ...................................................................

Form 75 (Rule 61 (34) )

[Style of Proceeding]

CAVEAT

LET NOTHING BE DONE without notice to ...................., caveator, in the estate of ...................., deceased, late of .................... in the .................... of ...................., who died on the .......... day of ...................., 20..., at .................... in the .................... of .................... .

[State grounds for entering caveat as required by Rule 61 (36)].

Form 76 (Rule 61 (39) )

[Style of Proceeding]

NOTICE TO CAVEATOR

To ..............................:

TAKE NOTICE that, unless you file an appearance at the office of the Registrar of the Supreme Court of British Columbia at ...................., within 7 days after delivery of a copy of this notice, the caveat you filed in the estate of ...................., deceased, will be struck out by the registrar.

This notice was filed by or on behalf of ...................., whose address for delivery is ...................., and who claims a right to issue this notice on the ground....................[here state ground as provided in Rule 61 (40)].................... .

A copy of your appearance is to be delivered to the above address for delivery forthwith after the original is filed at the office of the registrar.

Form 77 (Rule 61 (44) )

No. ..............................

.............................. Registry

[Style of Proceeding]

CITATION TO ACCEPT PROBATE AS EXECUTOR

To [name and address of executor]:

You are advised that unless within 14 days after service of this citation upon you, you apply for a grant of probate as executor of the will of ...................., deceased, who died on the .......... day of ...................., 20..., or within that time you file an answer undertaking to apply for probate within 14 days from the date of your answer showing cause why administration with the will annexed should not be granted to ..........[person intending to apply for administration with will annexed].......... of ..........[address].........., this court may grant administration of the estate to him or her without further notice to you.

This citation was issued by ..........[name of citator].......... whose address for delivery is .............

If you answer this citation your answer is to be filed at the registry at .................... and a copy delivered forthwith to the above address for delivery.

Form 78 (Rule 61 (44) )

[Style of Proceeding]

ANSWER

In answer to the citation dated the .......... day of ...................., 20..., I [State undertaking to apply for probate within 14 days, or refusal to act as executor, or state grounds upon which objection is taken to the citator applying for administration, as the case may be.]

Form 79 (Rule 61 (45) )

No. ..............................

.............................. Registry

[Style of Proceeding]

CITATION TO PROPOUND AN ALLEGED WILL

To [names and addresses of executors and other persons named in alleged will]:

It appears by the affidavit of ...................., sworn the .......... day of ...................., 20..., that deceased, of ..........[address].......... died on ..........[date].......... and that the deceased left a document purporting to be a will, in which he or she appointed .................... sole executor, and in which the following persons are named ..........[list all persons named]..........:

TAKE NOTICE that, unless within 14 days after service of a copy of this citation on you, you file at the office of the Registrar of the Supreme Court at .................... written notice of your intention to apply with reasonable diligence for probate or administration based on the document referred to or show cause why probate or administration should not be granted to ............[name and address of person intending to apply].........., the court may grant probate or administration of the estate to .................... without further notice to you and without regard to the document referred to.

This citation was issued by ...................., whose address for delivery is

.............................................................

If you answer this citation, your answer is to be filed at the registry at .............................. and a copy delivered to the above address for delivery.

Form 80 (Rule 61 (45) )

[Style of Proceeding]

ANSWER

In answer to the citation dated the .......... day of ...................., 20... . I [State intention of applying for probate or administration based on the document referred to in the citation, or stating grounds upon which objection is taken to the citator applying for probate or administration, as the case may be.]

Form 81 (Rule 61 (46) (b) )

No. ..............................

.............................. Registry

[Style of Proceeding]

CITATION TO BRING IN A WILL

To ....................:

It appears by the affidavit of ...................., sworn ...................., that a testamentary document signed by ...................., deceased, of ...................., who died on the .......... day of ...................., 20..., may be in your possession or control.

You are ordered to bring into registrar's office at the courthouse at .................... and leave with the registrar any testamentary document signed by ...................., which is in your possession or control, within 14 days after service of this citation on you.

If no testamentary document is in your possession or control, you are within the same time to file in the registrar's office an affidavit to that effect and setting forth what knowledge you may have respecting any testamentary document signed by ...................., deceased.

Form 82 (Rule 61 (46) (c) )

No. ..............................

.............................. Registry

[Style of proceeding]

SUBPOENA

To [name and address]:

You are ordered to attend at the registrar's office at the courthouse at .................... at ..........[time].......... on ..........[date].......... to be examined concerning the estate of ...................., deceased, and to deliver to me the following [state documents or assets to be delivered]:

Form 83 (Rule 61 (52) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Re: Estate of ................................................................, Deceased

AFFIDAVIT TO LEAD TO RESEALING OF GRANT

I, ..........[name, address and occupation of applicant].........., MAKE OATH (OR SOLEMNLY AFFIRM) AND SAY THAT:

1. ......................................................., late of ................................. in .............................. died on the ........ day of ............................ , 20..... domiciled in ........................ [having by his or her last will dated the ........ day of....................... , 20... , appointed me his or her executor (or intestate, or as the case may be)].

2. A grant of probate of the will (or letters of administration of the estate) of the deceased was made to ............................................ by the ...............[court]............... on the.......... day of............... ,20 ....

3. I have made a diligent search and inquiry to ascertain the assets and liabilities of the deceased.

4. The statement marked Exhibit A to this affidavit discloses the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased's personal representative, together with the names and addresses of the beneficiaries, their relationship to the deceased and the property passing to them.

5. I will disclose forthwith to the court the existence of any asset or liability which has not been disclosed in Exhibit A hereto when I learn of the same.

6. I am the attorney of ..................................., lawfully appointed under his or her hand and seal, and authorized to apply to this court for the resealing of the grant [strike out this paragraph if not applicable].

7. I believe there are no debts or liabilities in the Province for which the estate is or may be liable except as disclosed in Exhibit A all of which have been paid [except ..........[state whether any consent in writing has been given].......... ] and the estate is of small value, or, and the administrator is the beneficiary, or, and all persons who are or may be beneficially interested in the estate have consented in writing. [Strike out when not applicable. Paragraph 7 required only to reseal letters of administration - s. 3 (2) to (5) Probate Recognition Act.]

Sworn, etc.

Estate of ........................................................., Deceased

ASSETS, LIABILITIES AND DISTRIBUTION

This is Exhibit A referred to in the affidavit
of..................................made before me at
....................................... this ......... day of
.................................................... 20...... .

.............................................................................................
A commissioner for taking affidavits
for British Columbia

Form 84 (Rule 61 (58) )

[Style of Proceeding]

AFFIDAVIT IN SUPPORT OF
APPLICATION TO PASS ACCOUNTS

I ...................., of ...................., in the Province of ...................., ..........[occupation].......... , make oath and say:

1. That a grant of administration of the estate of .................... , deceased, was made to me by this court on the .......... day of ...................., 20... .

2. That I have administered the estate to the best of my ability.

3. That I have filed with the registrar a full and correct accounting of the estate, showing all property, money, and effects and the proceeds thereof which have come into my hands as personal representative, and also a full and correct statement of all disbursements, with a full and correct statement of the assets not yet disposed of.

4. That I have not been awarded any compensation for my services as personal representative by this or any other court except

5. That the persons interested in the administration of the estate as beneficiaries of the deceased are as follows: .............................. , and all of them are of the full age of 19 years except

6. That I know of no creditors of the estate who still have unsettled claims against it which I consider to be valid except

7. That the only portion of the estate that remains unadministered is as follows: .............................., and the reason it has not been administered is

Sworn, etc.

Form 85 (Rule 62 (6) )

[Style of Proceeding]

CITATION TO BRING IN GRANT

To ..........[name and address of person holding grant]..........:

Whereas an action has been commenced for the revocation of the letters probate [or letters of administration] of the will of [or of the estate of] ...................., issued to .................... on ..........[date].......... .

It is ordered that you deliver the original grant to registrar's office at the courthouse at .................... within 7 days after service of this citation upon you, and you shall not act under the grant without leave from the registrar.

Form 86 (Rules 17, 25, and 41 (9) )

No. ..............................

.............................. Registry

[Style of Proceeding]

DEFAULT JUDGMENT

The .......... day of ...................., 20... .

The defendant(s) .............................. not having filed an appearance to the writ of summons in this action and the time for doing so having expired.

[Or]

The plaintiff(s) having filed and delivered a statement of claim and the defendant(s) .............................. having failed to file and deliver a statement of defence within the time allowed.

[Or]

Pursuant to an order made by .............................. on the .......... day of ...................., 20..., that this proceeding continue as if no appearance had been entered or defence filed by the defendant(s).

[where Rule 17 (3) or Rule 25 (4) applicable]:

THIS COURT ORDERS that the defendant(s) .............................. pay to the plaintiff(s) the sum of $.......... [interest as claimed (or, interest pursuant to the Court Order Interest Act) in the amount of $..........,] and $.......... costs, [or, and costs to be assessed.]

[where Rule 17 (5) or Rule 25 (6) applicable]:

THIS COURT ORDERS that the defendant(s) .............................. pay to the plaintiff(s) damages to be assessed and costs to be assessed.

[where Rule 17 (6) (a) or Rule 25 (7) (a) applicable]:

THIS COURT ORDERS that the defendant(s) .............................. deliver to the plaintiff(s) the goods detained by the defendant(s) .............................. , being ..........[description of goods].......... or pay to the plaintiff(s) the value of the goods to be assessed and pay $.......... costs, [or, and pay costs to be assessed.]

[where Rule 17 (6) (b) or Rule 25 (7) (b) applicable]:

THIS COURT ORDERS that the defendant(s) .............................. pay to the plaintiff(s) the value to be assessed of the goods detained by the defendant(s) .............................., being ..........[description of goods].........., and $.......... costs. [or, and costs to be assessed].

.................................................................................................................
Registrar

Form 87

Repealed. [B.C. Reg. 55/93, s. 41.]

Form 88 (Rule 42 (30) (e) )

No. ..............................

.............................. Registry

[Style of Proceeding]

EXAMINER'S REPORT

I, ...................., a registrar designated as an examiner by the Chief Justice of the Supreme Court pursuant to Rule 42 (27) of the Rules of Court, report:

1. That a subpoena was issued pursuant to Rule 42 (23) directed to .................... . A copy of the subpoena is attached.

2. That the subpoena was served in accordance with the provisions of Rule 42 (25) and proof of service filed.

3. That the person subpoenaed did not attend as required at the hearing [or, refer to the default of the debtor specified in Rule 42 (30) (a), (b), (c) or (d), giving particulars].

4. That the solicitor for the creditor appeared at the time and place and on the date fixed for the hearing.

5. That pursuant to Rule 42 (30) I have fixed ..........day, the .......... day of ...................., 20..., at .......... o'clock in the ..........noon, at the courthouse at ..........[address].......... as the time and place for appearance before the court.

Dated at ...................., B.C., this .......... day of ...................., 20... .

Form 89 (Rule 60D)

[Style of Proceeding]

FINANCIAL STATEMENT

I, ..................................................................................................[name], ...........................................................................................................,[Street Address], ......................................................... [City], ...........................................[Province], .................... [Postal Code], .................... Telephone No ......................, Fax No........................swear or affirm that:

1. The information set out in this financial statement is true and complete to the best of my knowledge.

2. [  ]  I do not anticipate any significant changes in the information set out in this financial statement.

Or

[  ] I anticipate the following significant changes in the information set out in this financial statement:

(a) ..................................................................................................

(b) ..................................................................................................

etc.

Instructions

This Form has 6 Parts. You may not have to complete all Parts. Which Parts you have to complete depends on which categories of application apply to you as set out in the following chart.

Please check off each of the Items, 1 through 10, that apply to you and then complete the Parts that are noted for those Items. Each required Part need only be completed once regardless of the number of applicable Items for which it is required.

PART 1 INCOME

A. Employer information:

[ ] I am employed by ............................................................[name and address of employer]

[ ] I am self employed as ............................................................[name and address of business]

B. Documentation supplied:

I have attached to this statement or serve with it a copy of each of the following applicable income documents [check applicable boxes]:

[ ] every personal income tax return, including all attachments, that I have filed for each of the 3 most recent taxation years;

[ ] every income tax notice of assessment or reassessment I have received for each of the 3 most recent taxation years;

[ ] [if you are an employee] my most recent statement of earnings indicating the total earnings paid in the year to date, including overtime, or, if such a statement is not provided by my employer, a letter from my employer setting out that information, including my rate of annual salary or remuneration;

[ ] [if you are receiving Employment Insurance benefits] my 3 most recent EIC benefit statements;

[ ] [if you are receiving Workers’ Compensation benefits] my 3 most recent WCB benefit statements;

[ ] [if you are receiving social assistance] a statement confirming the amount of social assistance that I receive;

[ ] [if you are self-employed] for the 3 most recent taxation years

(i) the financial statements of my business or professional practice, other than a partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom I do not deal at arm’s length;

[ ] [if you are a partner in a partnership] confirmation of my income and draw from, and capital in, the partnership for its 3 most recent taxation years;

[ ] [if you control a corporation] for the corporation’s 3 most recent taxation years

(i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm’s length;

[ ] [if you are a beneficiary under a trust] the trust settlement agreement and the trust’s 3 most recent financial statements;

[ ] [if you own or have an interest in real property] the most recent assessment notice issued from an assessment authority for the property.

NOTE: If the applicable income documents are not attached to or served with this financial statement, they must nonetheless be provided to the other party if and as required by Rule 60D of the Supreme Court Rules.

C. Annual income

If line 150 (total income) of your most recent federal income tax return sets out what you expect your income to be for this year, record that number at line 8 below. Otherwise, record what you expect your income for this year to be from each source of income that applies to you. Record gross annual amounts.

Note:

1. You must complete Schedule A and include the total income recorded in Schedule A at line 7 above if you expect to receive income this year from any of the following sources:

(a) taxable dividends from Canadian corporations;

(b) net partnership income (limited or non-active partners only);

(c) rental income;

(d) taxable capital gains;

(e) registered retirement savings income;

(f) self-employment income;

(g) any other taxable income that is not included in paragraphs (a) to (f) or in lines 1 to 5 of Schedule A.

2. If there are any adjustments as set out in Schedule III of the Child Support Guidelines that apply to you, you must complete Schedule B and include the total deductions or additions at line 10 above, as applicable.

SCHEDULE A — OTHER INCOME

SCHEDULE B — ADJUSTMENTS TO INCOME

PART 2 — EXPENSES

[If the expense is an annual one, divide the annual amount by 12 and place the result of that division in the Monthly column.]

PART 3 — PROPERTY

ASSETS

DEBTS

Show your debts and other liabilities, whether arising from personal or business dealings, by category, such as mortgages, charges, liens, notes, credit cards, accounts payable and tax arrears. Include contingent liabilities such as guarantees and indicate that they are contingent.

DISPOSAL OF PROPERTY

List all property disposed of during the 2 years preceding this statement or, if the parties married within that 2 year period, since the date of marriage.

PART 4 — SPECIAL OR EXTRAORDINARY EXPENSES

Note:

1. Provide a separate statement under this Part 4 for each child for whom a claim is made.

2. To calculate a net amount, subtract, from the gross amount, subsidies, benefits, income tax deductions or credits relating to the expense.

PART 5 — UNDUE HARDSHIP

PART 6 — INCOME OF OTHER PERSONS IN HOUSEHOLD

Form 90 (Rule 60 (44) )

CONSENT

I, ........................................, consent to the filing of the attached agreement dated .................... in the Supreme Court of British Columbia for the purposes of the enforcement of any provision of it respecting:

(a) custody or access to a child by a parent, or

(b) the maintenance of a child by a parent or of a person by the person's spouse.

Form 91 (Rule 60D (15) )

[Style of Proceeding]

NOTICE TO FILE A FORM 89 FINANCIAL STATEMENT

To [party's name]

You are required to complete and deliver to the (plaintiff/defendant) or to the solicitor for the (plaintiff/defendant) the following documents: [check applicable boxes]

[ ] Part 1 (Income) of a Form 89 financial statement along with copies of applicable income documents.

[ ] Part 2 (Expenses) of a Form 89 financial statement.

[ ] Part 3 (Property) of a Form 89 financial statement along with a copy of the most recent assessment notice issued from an assessment authority for any real property that you own or have an interest in.

[ ] Part 4 (Special or Extraordinary Expenses) of a Form 89 financial statement.

[ ] Part 5 (Undue Hardship) of a Form 89 financial statement.

[ ] Part 6 (Income of Other Persons In Household) of a Form 89 financial statement.

Unless the court orders otherwise, you must deliver the requested documents

(a) within 30 days after receiving this notice if you reside in Canada or the United States, or

(b) within 60 days after receiving this notice if you reside elsewhere.

[If child support is claimed, include the following]

TAKE NOTICE THAT a child support order is being sought. Therefore, if you do not comply with this Notice, the court may impute income to you and may determine the amount of support that will be payable under that order on the basis of that imputed income.

[If child support is claimed, include the following if desired]

TAKE NOTICE THAT if you do not comply with this Notice, the (plaintiff/defendant) intends to ask the court to impute income to you of $....... annually for the purpose of determining child support.

APPLICABLE INCOME DOCUMENTS

For the purposes of this Form 91, a person's "applicable income documents" are

(a) a copy of every personal income tax return filed by the person for each of the 3 most recent taxation years,

(b) a copy of every notice of income tax assessment or reassessment issued to the person for each of the 3 most recent taxation years,

(c) if the person is receiving Employment Insurance benefits, a copy of the 3 most recent Employment Insurance benefit statements,

(d) if the person is receiving Workers' Compensation benefits, a copy of the 3 most recent Workers' Compensation benefit statements,

(e) if the person is receiving social assistance, current documentary evidence of the social assistance that is being received by that person,

(f) if the person owns or has an interest in real property, a copy of the most recent assessment notice issued from an assessment authority for the property;

(g) if the person is an employee,

(i) the most recent statement of earnings indicating the total earnings paid to the person in the year to date, including overtime, or

(ii) if that statement is not provided by the employer, a letter from the person's employer setting out the information referred to in subparagraph (i) and including the person's rate of annual salary or remuneration,

(h) if the person is self employed, the following information for the 3 most recent taxation years:

(i) the financial statements of the person's business or professional practice, other than a partnership;

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the person does not deal at arm's length,

(i) if the person is a partner in a partnership, confirmation of the person's income and draw from, and capital in, the partnership for each of its 3 most recent taxation years,

(j) if the person controls a corporation, the following information for the corporation's 3 most recent taxation years:

(i) the financial statements of the corporation and its subsidiaries;

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm's length, and

(k) if the person is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust's 3 most recent financial statements.

Form 91A (Rule 60D (8) )

[Style of Proceeding]

AGREEMENT AS TO ANNUAL INCOME AND AMOUNT OF CHILD SUPPORT

The parties agree as follows:

1. The income of the payor .....[state the name of the party who is to pay the child support]..... is $.......... .

2. The payor currently resides in .....[province or, if resident outside of Canada, country]..... .

3. Child support is to be provided for .....[state names and dates of birth of children for whom child support is to be provided]..... and according to the applicable child support table set out in the child support guidelines, the amount of child support payable for that number of children (the "child support table amount") is $.......... .

4. The payor will pay to the recipient, .....[state the name of the party who is to receive the child support]....., child support of $.......... per month for the children referred to in section 3.

5. [If applicable] The amount of child support agreed upon by this agreement differs from the child support table amount because .....[state reasons]..... .

[This Form 91A must be filed with the court along with the following documents:

(a) a copy of the most recent personal income tax return filed by the payor along with a copy of the most recent income tax assessment, or

(b) if one or both of the documents referred to in paragraph (a) are not available, an affidavit explaining why the documents are not available and providing evidence to satisfy the court that the amount of income and child support agreed to by the parties is reasonable.]

Form 92 (Rule 26 (1) )

[Style of Proceeding]

DEMAND FOR DISCOVERY OF DOCUMENTS

TAKE NOTICE that the .............................. demands that you make discovery of all documents which are or have been in your possession or control relating to any matter in question in this action within 21 days from the delivery of this demand.

Dated at .................... British Columbia, this .......... day of ....................,20... .

TO:

AND TO:

Form 93 (Rules 26 (1) and 66 (11) )

[Style of Proceeding]

LIST OF DOCUMENTS OF (PARTY)

PART I. DOCUMENTS TO WHICH THERE IS NO OBJECTION TO PRODUCTION:

1.

2.

3.

4.

5.

PART II. DOCUMENTS WHICH HAVE BEEN BUT ARE NOT NOW IN POSSESSION OR CONTROL:

1.

2.

PART III. DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED [State grounds of privilege]:

1.

2.

TAKE NOTICE that the documents listed in Part I may be inspected during normal business hours at ........................................ [place]

TO:

AND TO:

Forms 94 to 96

Repealed. [B.C. Reg. 55/93, s. 41.]

Forms 97 to 103

Repealed. [B.C. Reg. 161/98, s. 25.]

Form 104 (Rule 13 (14) )

REQUEST

FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS

Convention on the Service Abroad of Judicial and Extrajudicial Documents
in Civil or Commercial Matters,
signed at The Hague, November 15, 1965.

The undersigned applicant has the honour to transmit — in duplicate — the documents listed below and, in conformity with Article 5 of the Convention, requests prompt service of one copy thereof on the addressee, i.e.,

[identity and address]

(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*.

(b) in accordance with the following particular method (subparagraph (b) of the first paragraph of Article 5*)

(c) by delivery to the addressee, if he or she accepts it voluntarily (second paragraph of Article 5*)

The authority is requested to return or to have returned to the applicant a copy of the documents — and of the annexes* — with a certificate as provided in Form 106.

List of documents

Done at ,

the [date]

Signature and/or stamp.

* Delete if inappropriate.

Form 105 (Rule 13 (14) )

NOTICE AND SUMMARY OF DOCUMENT

IMPORTANT

The enclosed document is of a legal nature and may affect your rights and obligations the "summary of the document to be served" will give you some information about its nature and purpose. You should, however, read the document itself carefully. It may be necessary to seek legal advice.

If your financial resources are insufficient you should seek information on the possibility of obtaining legal aid or advice either in the country where you live or in the country where the document was issued.

Inquiries about the availability of legal aid or advice in the country where the document was issued may be directed to:

Legal Services Society
300-1140 West Pender Street
Vancouver, B.C. V6E 4G1
(Phone) (604) 660-4600

Summary of document to be served ...............................................................................................................................................

...............................................................................................................................................................................................................

Name and address of the requesting authority...............................................................................................................................

...............................................................................................................................................................................................................

*Particulars of the parties..................................................................................................................................................................

...............................................................................................................................................................................................................

**Judicial document

Nature and purpose of the document..............................................................................................................................................

...............................................................................................................................................................................................................

Nature and purpose of the proceedings and where appropriate the amount in dispute ...................................................

...............................................................................................................................................................................................................

**Date and place for entering appearance......................................................................................................................................

...............................................................................................................................................................................................................

**Court which has given judgment..................................................................................................................................................

...............................................................................................................................................................................................................

**Date of judgment/- - - - .................................................................................................................................................................

**Time limits stated in the document ..............................................................................................................................................

...............................................................................................................................................................................................................

**Extrajudicial document

Nature and purpose of the document..............................................................................................................................................

...............................................................................................................................................................................................................

**Time limits stated in the document..............................................................................................................................................

...............................................................................................................................................................................................................

* If appropriate, identity and address of the person interested in the transmission of the document.

** Delete if inappropriate.

Form 106 (Rule 13 (15) )

CERTIFICATE

The undersigned authority has the honour to certify, in conformity with Article 6 of the Convention.

1. That the document has been served*

— the [date] ...............................................................................................................................................................................................................

— at [place, street, number] ....................................................................................................................................................................................

— in one of the following methods authorized by Article 5 —

(a) in accordance with the provisions of subparagraph (a) of the first paragraph of Article 5 of the Convention*

(b) in accordance with the following particular method*: ...........................................................................................................
...............................................................................................................................................................................................................

(c) by delivery to the addressee, who accepted it voluntarily*.

The documents referred to in the request have been delivered to:

— (relationship of person to addressee (family, business or other))*

2. That the document has not been served, by reason of the following facts*:

...............................................................................................................................................................................................................

...............................................................................................................................................................................................................

In conformity with the second paragraph of article 12 of the Convention, the applicant is requested to pay or reimburse the expenses detailed in the attached statement*

Annexes

Documents returned:

* Delete if inappropriate.

Form 107 (Rule 55 (3) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Admiralty Action In Rem Against

The Ship ...................[specify]................. (and/or property)

Between

Plaintiff(s)

and

The Owners and all Others Interest in the Ship
(and/or other property),

Defendant(s)

WRIT OF SUMMONS

Name and address of each plaintiff:

Description of Ship and/or other property:

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To the defendant(s):

TAKE NOTICE that this action has been commenced against you by the plaintiff(s) for the claim(s) set out in this writ.

IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim that you wish to have taken into account at the trial, YOU MUST

(a) GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court, at the address shown below, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy of the Appearance to the plaintiff's address for delivery, which is set out in this writ, and

(b) if a statement of claim is provided with this writ of summons or is later served on or delivered to you, FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER a copy of the Statement of Defence to the plaintiff's address for delivery.

YOU OR YOUR SOLICITOR may file the Appearance and the Statement of Defence. You may obtain a form of Appearance at the registry.

APPLICATION FOR JUDGMENT AGAINST THE SHIP OR OTHER PROPERTY MAY BE MADE IF

(a) YOU FAIL to file the Appearance within the Time for Appearance provided for below, or

(b) YOU FAIL to file the Statement of Defence within the Time for Defence provided for below.

TIME FOR APPEARANCE

The time for appearance is 7 days from the service of this writ on the ship or other property described in this writ (not including the day of service).

TIME FOR DEFENCE

A Statement of Defence, setting out the nature of the interest you claim in the ship or other property, must be filed and delivered to the plaintiff within 14 days after the later of

(a) the time that the Statement of Claim is served on you (whether with this writ of summons or otherwise) or is delivered to you in accordance with the Rules of Court, and

(b) the end of the Time for Appearance provided for above.

[Back]

The plaintiff's claim is .......................................[or set out a statement of claim in Form 13]...............

Form 108 (Rule 55 (4) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Admiralty Action In Rem Against

The Ship ................[specify]...................... (and/or property)

And in Personam

Between

Plaintiff(s)

and

The Owners and all Others Interest in the Ship
(and/or other property),

Defendant(s)

WRIT OF SUMMONS

Name and address of each plaintiff:

Description of ship and/or other property:

Name and address of the defendants in personam:

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To the defendant(s):

TAKE NOTICE that this action has been commenced against you by the plaintiff(s) for the claim(s) set out in this writ.

IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim that you wish to have taken into account at the trial, YOU MUST

(a) GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court, at the address shown below, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy of the Appearance to the plaintiff's address for delivery, which is set out in this writ, and

(b) if a statement of claim is provided with this writ of summons or is later served on or delivered to you, FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER a copy of the Statement of Defence to the plaintiff's address for delivery.

YOU OR YOUR SOLICITOR may file the Appearance and the Statement of Defence. You may obtain a form of Appearance at the registry.

APPLICATION FOR JUDGMENT AGAINST THE SHIP OR OTHER PROPERTY MAY BE MADE AND JUDGMENT MAY BE TAKEN AGAINST YOU IF

(a) YOU FAIL to file the Appearance within the Time for Appearance provided for below, or

(b) YOU FAIL to file the Statement of Defence within the Time for Defence provided for below.

TIME FOR APPEARANCE

Service on ship:

The time for appearance is 7 days from the service of this writ on the ship or other property described in this writ (not including the day of service).

Service on defendant in personam:

If this writ is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

If this writ is served on a person outside British Columbia, the time for appearance by that person, after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere.

[or, if the time for appearance has been set by order of the court, within that time.]

TIME FOR DEFENCE

A Statement of Defence must be filed and delivered to the plaintiff within 14 days after the later of

(a) the time that the Statement of Claim is served on you (whether with this writ of summons or otherwise) or is delivered to you in accordance with the Rules of Court, and

(b) the end of the Time for Appearance provided for above.

[or, if the time for defence has been set by order of the court, within that time.]

A Statement of Defence filed on behalf of a ship or other property must set out the nature of the interest that you claim in the ship or other property.

[Back]

The plaintiff's claim is ...............................................[or set out a statement of claim in Form 13]........

Form 109 (Rule 55 (9) )

[Style of Proceeding]

AFFIDAVIT TO LEAD WARRANT

I, ..........[name of the deponent].......... of ..........[address].......... hereby make oath and say as follows:

I, ....................[here describe relationship to the party at whose instance the ship or other property is to be arrested and the basis of the deponent's knowledge]................... and accordingly have knowledge of the facts to which hereinafter I depose save and except where such are stated to be on information and belief.

The name and address of the party making application for a warrant for the arrest of the ship or other property named herein is

[state name and address]

The nature of the claim which is the subject of the action against the ship or other property named herein is

[describe the claim and state the amount if known]

The claim has not been satisfied.

The property to be arrested is

[Describe the ship or other property in sufficient detail to facilitate an arrest]

No notice of this action is required OR the notice of this action required has been given and a copy of the notice is annexed to this my affidavit and marked Exhibit "A".

Sworn before me etc.

Form 110 (Rule 55 (11) )

[Style of Proceeding]

WARRANT

You are commanded to arrest the ship ...................., her cargo and freight etc. [or as the case may be], and to keep the same under arrest until you are otherwise ordered.

This warrant is taken out by ....................[name of person at whose instance the warrant is issued or his or her solicitor and his or her address for service in British Columbia]....................

Form 111 (Rule 55 (20) )

[Style of Proceeding]

CAVEAT

Caveat entered this .......... day of ...................., 20..., against the issue of a release from arrest of the ship ...................., her cargo and freight etc. [or as the case may be], or the payment out of court of the proceeds of any sale of the ship ...................., her cargo and freight etc. [or as the case may be], by ...................[name and address for service in British Columbia]....................

Address for delivery of person entering caveat:

Fax number for delivery (if any):

Form 112 (Rule 55 (21) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL OF CAVEAT

TAKE NOTICE that .................... withdraws the caveat entered herein the .......... day of ...................., 20... .

Caveat withdrawn this .......... day of ...................., 20... .

Form 113 (Rule 55 (26) )

[Style of Proceeding]

PAYMENT INTO COURT AS BAIL

The amount of .................... is hereby paid into court as bail to answer judgment given against the defendant ship [or as the case may be] together with interest and costs.

Given at ...................., British Columbia, this .......... day of ...................., 20... .

Form 114 (Rule 55 (26) )

[Style of Proceeding]

BANK GUARANTEE OR BAILBOND

We, .........[bank or surety company]......... .hereby submit to the jurisdiction of this court and consent that if a judgment given herein against the defendant ship ..........[or as the case may be].......... is not satisfied or stayed, execution may issue against us for a sum not exceeding $.......... inclusive of interest and costs.

Given this .......... day of ...................., 20... .

Form 115 (Rule 55 (30) )

[Style of Proceeding]

RELEASE

WHEREAS by our warrant issued in this action on the .......... day of ...................., 20..., you were commanded to arrest the ship ...................., her cargo and freight etc. [or as the case may be] and to keep the same under arrest until you should receive a further order, you are commanded to release the ship ...................., her cargo and freight etc. [or as the case may be], from arrest upon payment being made to you of all fees due and all charges incurred by you in respect of the arrest and custody thereof.

Given at ...................., British Columbia, this .......... day of ...................., 20... .

Form 116 (Rule 60C (2) )

INTERLOCUTORY APPLICATION UNDER RULE 60C

In The Supreme Court of British Columbia

DESIGNATED REGISTRY: ....................

BETWEEN: Name

Address ...................................................................... City

Prov. .............................. Postal Code .................... Phone

AND: Name

Address ...................................................................... City

Prov. .............................. Postal Code .................... Phone

I am asking that the following be granted to me:

a. Interim custody of the child(ren) named below.

b. Interim access to the child(ren) named above, as follows:

c. Interim maintenance of each child named above.

d. Interim maintenance of the applicant spouse.

e. Other [specify]:

Below is a summary of the important facts:

DATE .......... [month]..........[day]..........[year] ...............................................[Name of applicant].

EACH COPY MUST HAVE AN ORIGINAL SIGNATURE

Form 117 (Rule 60C (8) )

NOTICE OF APPEAL FROM INTERIM ORDER
UNDER RULE 60C

In the Supreme Court of British Columbia

DESIGNATED REGISTRY: ....................

BETWEEN:

AND:

WHEREAS on ........................................, 20... .................................................. made the following order:

TAKE NOTICE that
appeals from that interim order on the following grounds:

This appeal will be heard at .................... on ....................................................................., 20... at the courthouse at ....................................... by the presiding judge in chambers.

Appellant's Name ..................................................................

Address for Delivery ......................................................................... City

Prov. ..................................................... Postal Code

Phone .................................................. Fax number for delivery (if any)

Respondent's Name................................................................

Address ......................................................................... City

Prov. ................................ Postal Code ............................... Phone

Third Party's Name .................................................................

Address ......................................................................... City

Prov. ................................ Postal Code ............................... Phone

Form 118 (Appendix B Section 10)

[Style Of Proceeding]

OFFER TO SETTLE COSTS

TAKE NOTICE that the ..........[party].......... offers to settle the amount of the bill of costs of the ..........[party].......... for the sum of $.......... .

Form 119 (Rule 60 (45) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between .......................................................................

and .............................................................................

SUMMONS TO A DEFAULT HEARING
UNDER THE FAMILY MAINTENANCE ENFORCEMENT ACT

To: [Name and address]

It appears you have defaulted in a payment required under a maintenance order.* An affidavit/statement of arrears is attached.

YOU ARE REQUIRED to appear before the Supreme Court of British Columbia at ...............[address]............. pursuant to the Family Maintenance Enforcement Act, on ....................day the .......... day of ...................., 20... at the hour of .......... o'clock in the fore/afternoon or so soon thereafter as this matter may be heard, to show cause why the order should not be enforced.

Dated this .......... day of .................... 20... .

If you do not appear at the default hearing, the court may issue a warrant for your arrest or make an order in your absence.

* "Order" includes an agreement filed in the court under section 122 of the Family Relations Act.

Form 119A (Rule 60 (46) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between ..............................................................

and .............................................................................

SUMMONS TO A COMMITTAL HEARING
UNDER THE FAMILY MAINTENANCE ENFORCEMENT ACT

To: [Name and address]

It appears you have defaulted in a payment you were required to make under section 21 (1) (e) of the Family Maintenance Enforcement Act. An affidavit/statement of arrears is attached.

YOU ARE REQUIRED to appear before the Supreme Court of British Columbia at ..........[address].......... pursuant to the Family Maintenance Enforcement Act, on ....................day the .......... day of ...................., 20... at the hour of .......... o'clock in the fore/afternoon or so soon thereafter as this matter may be heard, to show cause why an order should not be made for your imprisonment.

Dated this .......... day of .................... 20... .

TAKE NOTICE:

If you do not appear at the committal hearing, the court may issue a warrant for your arrest or make an order in your absence.

Forms 119B and 120

Repealed. [B.C. Reg. 161/98, s. 25.]

Form 121 (Rule 56 (6.1) )

[Style of Proceeding]

UNDERTAKING

I, ........................................................................................................................................................................................................

of ......................................................................................................................................................................................................

understand that I have been apprehended and placed in custody on an allegation that I have failed to obey the attachedorder of the Supreme Court, dated .................................. , 20........

To be released from custody, I give the following undertaking to the court:

(a) I promise that I will attend before a Judge of the Supreme Court on ................................ , 20........ at ............ a.m./p.m., at .................................................... and will attend at the other times required by the court to be dealt with according to law,

(b) I promise that I will strictly comply with the terms of the attached order and will otherwise keep the peace, and

(c) I promise that [add conditions here].

[OR]

(c) I promise that I will obey the attached conditions.

I understand that if I breach any of the promises made in this undertaking I may be arrested and brought before the court to be imprisoned or otherwise dealt with according to the law.

Form 122 (Rule 56 (6.2) )

[Style of Proceeding]

RELEASE ORDER

ON THE APPLICATION of ................................................................................................ who has been apprehended on an allegation that he/she violated an order of the Supreme Court, made the ............ day of ........................, 20.....:

THIS COURT ORDERS that ................................................................ be released from custody on his/her undertaking made and dated ........................., 20....., a copy of which is attached to this order.

By the Court.

Form 123

Repealed. [B.C. Reg. 367/2000, Sch. s. 10.]

Form 124 (Rules 10 (5) And 44 (6) )

[Style of Proceeding]

RESPONSE OF [name of respondent]

The respondent does not oppose the granting of the relief set out in the following paragraphs of the petition (or notice of motion): [set out paragraph numbers].

The respondent opposes the granting of the relief set out in the following paragraphs of the petition (or notice of motion): [set out paragraph numbers].

The respondent consents to the granting of the relief set out in the following paragraphs of the petition (or notice of motion) on the following terms: [set out paragraph numbers and any proposed terms].

The respondent will rely on the following affidavits and other documents: [set out affidavits delivered with this response and any other affidavits or other documents already in the court file on which the respondent will rely].

The respondent estimates that the application will take .......... minutes.

Form 125 (Rule 51A (12) )

[Style of Proceeding]

OUTLINE

Part I

[To be completed by applicant]

The following relief will be sought at the hearing:

[Set out the relief to be sought in numbered paragraphs, numbering each paragraph with the same number as is used for the paragraph that claims that relief in the petition or notice of motion, as the case may be].

Part II

[To be completed by applicant]

Basis for seeking relief:

[Set out briefly the factual and legal basis for the relief that is sought. Citations of relevant case law may be given without extracts].

Part III

[To be completed by a respondent who opposes an application]

Basis for opposing relief:

[Set out briefly the factual and legal basis for opposing the relief that is sought. Citations of relevant case law and statutes may be given without extracts].

Form 126 (Rule 51A (3))

[Style of Proceeding]

NOTICE OF HEARING

TO [respondents, if any]:

TAKE NOTICE that the application of ................[party]............. dated .........[date].......... will be heard in chambers at the courthouse at ...............[place].................. on .........[date]......... at the hour of ................

The parties have agreed as to the date of the hearing of this application,

OR

The parties have been unable to agree as to the date of the hearing but notice of the hearing will be given to respondents in accordance with Rule 51A (8),

OR

This matter is unopposed, by consent or without notice.

It has been agreed by the parties that the hearing will take .............. minutes,

OR

The parties have been unable to agree as to how long the hearing will take and

(a) the time estimate of the applicant is ............. minutes, and

(b) the time estimate of the respondent is ............. minutes.

OR

(b) the respondent has not given a time estimate.

This matter is within the jurisdiction of the master.

OR

This matter is not within the jurisdiction of a master because ..........................

This Notice of Hearing was prepared by .....[counsel].......of the law firm of .......[name]........whose place of business is.......[address]........

OR

This Notice of Hearing was prepared by the applicant.

Form 127 (Rule 60 (9) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

, Plaintiff(s)

and

, Defendant(s)

WRIT OF SUMMONS — FAMILY LAW PROCEEDING

(Name and address of each plaintiff)

(Name and address of each defendant)

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To the defendant(s):

TAKE NOTICE that this action has been commenced against you by the plaintiff(s) for the claim(s) set out in this writ.

IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim that you wish to have taken into account at the trial, YOU MUST

(a) GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court, at the address shown below, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy of the Appearance to the plaintiff's address for delivery, which is set out in this writ, and

(b) if a statement of claim is provided with this writ of summons or is later served on or delivered to you, FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER a copy of the Statement of Defence to the plaintiff's address for delivery.

YOU OR YOUR SOLICITOR may file the Appearance and the Statement of Defence. You may obtain a form of Appearance at the registry.

JUDGMENT MAY BE TAKEN AGAINST YOU IF

(a) YOU FAIL to file the Appearance within the Time for Appearance provided for below, or

(b) YOU FAIL to file the Statement of Defence within the Time for Defence provided for below.

TIME FOR APPEARANCE

If this writ is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service).

If this writ is served on a person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere.

[or, if the time for appearance has been set by order of the court, within that time.]

TIME FOR DEFENCE

A Statement of Defence must be filed and delivered to the plaintiff within 14 days after the later of

(a) the time that the Statement of Claim is served on you (whether with this writ of summons or otherwise) or is delivered to you in accordance with the Rules of Court, and

(b) the end of the Time for Appearance provided for above.

[or, if the time for defence has been set by order of the court, within that time.]

PLAINTIFF'S CLAIM FOR RELIEF

The plaintiff claims from the defendant the following relief (mark boxes):

Divorce

Nullity

Guardianship of child(ren)

Custody of child(ren)

Access to child(ren)

Maintenance or support of plaintiff

Maintenance or support of child(ren)

Division of family assets

Other relief (specify)

Costs

Form 127A (Rule 60 (12) )

No. ..............................

.............................. Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

Re: A Joint Family Law Proceeding brought by:

PARTY 1

AND:

PARTY 2

JOINT WRIT OF SUMMONS — FAMILY LAW PROCEEDING

THIS IS THE JOINT FAMILY LAW PROCEEDING OF:

[Name and Address of Party 1], and

[Name and Address of Party 2]

PARTIES’ CLAIM FOR RELIEF

The Parties claim the following relief [mark applicable boxes]:

[ ] Divorce

[ ] Guardianship

[ ] Custody

[ ] Access

[ ] Support of Party

[ ] Support of child(ren)

[ ] Division of family assets

[ ] Other relief (specify)

The address of the registry is: [address]

Party 1’s ADDRESS FOR DELIVERY is: [address]

Fax number for delivery [if any]: [fax number]

The name and office address of Party 1’s solicitor is: [name and address] [fax number if any]

Party 2’s ADDRESS FOR DELIVERY is: [address]

Fax number for delivery [if any]: [fax number]

The name and office address of Party 2’s solicitor is: [name and address] [fax number if any]

WITHDRAWAL FROM JOINT FAMILY LAW PROCEEDING

A PARTY MAY WITHDRAW FROM A JOINT FAMILY LAW PROCEEDING BY FILING AND DELIVERING A NOTICE OF WITHDRAWAL IN FORM 135.

A Party wishing to oppose the claim for divorce or claim other relief must file a statement of defence in Form 129 or counterclaim in Form 130 or both with the Notice of Withdrawal.

Form 128 (Rule 60 (9) )

[Style of Proceeding]

STATEMENT OF CLAIM — FAMILY LAW PROCEEDING

The plaintiff must complete Parts A, B, C and D of the Statement of Claim, must complete any of the Parts E to I that refer to a claim being made by the plaintiff and must omit any Part not being relied on. In completing an applicable Part, the plaintiff must omit those paragraphs that are not relevant and must make changes and additions to the retained paragraphs as necessary.

If a paragraph or Part is omitted, the remaining paragraphs and Parts must not be renumbered.

If an additional paragraph is added, it must be given a decimal subnumber numerically following the paragraph number of the preceding paragraph (e.g. a paragraph added after paragraph 7 must be numbered 7.1, etc.) or, if the additional paragraph is added after paragraph 36, it must be given the next whole number following the number of the preceding paragraph.

Part A: Particulars of Parties

1. The plaintiff is (name and address):

2. The plaintiff was born on (date):

3. The defendant is (name and address):

4. The defendant was born on (date):

5. The plaintiff has been ordinarily resident in British Columbia since:

6. The defendant has been ordinarily resident in British Columbia since:

7. (Insert name and address of any other party who is joined in the action.)

Part B: Relationship of Parties

8. The plaintiff and defendant were married on (date) at (place):

9. The plaintiff and defendant are spouses as defined by the Family Relations Act (give particulars if necessary to establish the status of the plaintiff and defendant as spouses):

10. The plaintiff and defendant commenced cohabitation on (date):

11. The plaintiff and defendant ceased to cohabit on (date):

12. The plaintiff and defendant were divorced from each other by order made on (date):

Part C: Children

13.    (a) The children of the marriage as defined by the Divorce Act (Canada) are:

Name                                              Birth Date                                                      Person  with  whom  child  resides

OR

(b) The parties are parents as defined by the Family Relations Act and the children of the parties are:

Name                                               Birth Date                                                      Person  with  whom  child  resides

OR

(c) There are no children of the marriage as defined by the Divorce Act (Canada)

(OR

(d) The parties are not the parents of any children as defined by the Family Relations Act.

Part D: Other Proceedings and Agreements

14.    (a) The particulars and status of any other proceeding between or any agreement between the parties with respect to a separation between the parties or to the support or maintenance of a party or of a child of a party, or with respect to the division of property of the parties, are as follows (set out particulars and status):

OR

(b) There has been no other proceeding between or agreement between the parties with respect to a separation between the parties or to the support or maintenance of a party or of a child of a party or with respect to the division of property of the parties.

Part E: Divorce

[Complete this part if the plaintiff seeks an order of divorce from the defendant or the husband and wife jointly seek an order of divorce from each other]

15. There has been a breakdown in the marriage as defined by the Divorce Act (Canada) the particulars of which are as follows (refer to specific sections of the Divorce Act (Canada)):

16.    (a) The surname of the wife immediately before marriage was:

(b) The surname of the wife at birth was:

17.    (a) The surname of the husband immediately before marriage was:

(b) The surname of the husband at birth was:

18. The marital status of the wife at the time of marriage was:

19. The marital status of the husband at the time of marriage was:

20. There is no possibility of reconciliation.

21. There has been no collusion in relation to this proceeding. There has been no condonation of any act relied on as a ground for divorce.

22.    (a) A certificate of the marriage has been filed.

OR

(b) A certificate of registration of the marriage has been filed.

OR

(c) It is impossible to obtain a certificate of the marriage or a certificate of the registration of the marriage because (set out reasons):

OR

(d) A certificate of the marriage or a certificate of registration of the marriage will be filed before this action is set down for trial or an application is made for an order of divorce (set out the reasons for not filing a certificate at this time).

Part F: Custody, Guardianship and Access

[Complete this part if an order in relation to the custody of, guardianship of or access to children is sought].

23. The children for whom an order of custody, guardianship or access is sought are (set out names):

24.    (a) The children in respect of whom such claim is made have been habitually resident in British Columbia since (date):

OR

(b) The grounds of jurisdiction under section 44 of the Family Relations Act are (set out particulars):

25. The plaintiff seeks such orders under

(a) the Divorce Act (Canada),

(b) the Family Relations Act, or

(c) both.

26. The particulars of the past, present and proposed care of the children are as follows (set out particulars):

Part G: Support or Maintenance

[Complete this part if the plaintiff seeks an order for support or maintenance]

27. The plaintiff seeks an order for spousal support or maintenance under

(a) the Divorce Act (Canada),

(b) the Family Relations Act, or

(c) both.

28. The plaintiff seeks an order for child support or maintenance under

(a) the Divorce Act (Canada),

(b) the Family Relations Act, or

(c) both.

29.    (a) The financial position of the plaintiff and of the children in care of the plaintiff is set out in one or more of an income statement, an expense statement and a property statement, and the documents in which that financial position is set out

(i) will be served with this document.

OR

(ii) will be served after service of this document.

OR

(b) The financial position of the plaintiff and of the children in care of the plaintiff is as follows (set out particulars):

30.    (a) The plaintiff will require that the defendant set out the financial position of the defendant in one or more of the following:

(i) an income statement;

(ii) an expense statement;

(iii) a property statement.

OR

(b) The financial position of the defendant is as follows (set out particulars):

Part H: Property

[Complete this part if the plaintiff seeks an order in respect of family assets]

31.    (a) The plaintiff seeks an order for equal division of family assets.

OR

(b) The plaintiff seeks a reapportionment of family assets on the following grounds (set out particulars):

32.    (a) The assets owned by each of the parties are set out in a property statement that

(i) will be served with this document,

OR

(ii) will be served after service of this document.

OR

(b) The assets owned by each of the parties are (set out particulars):

33. The legal description of land in which the plaintiff claims an interest is (set out legal description):

Part I: Other Relief

[Complete this part if the plaintiff seeks other relief]

34. The plaintiff seeks a change of name under the Name Act on the granting of a divorce order (set out particulars):

35. The plaintiff seeks the following relief under the Family Relations Act(set out any other orders sought under the Family Relations Act, the sections of the Act under which the orders are sought and the particulars):

36. The plaintiff seeks the following additional relief (set out particulars):

SUMMARY OF RELIEF SOUGHT

(Set out the relief claimed by reference to each part of the Statement of Claim and any claim for costs)

PLACE OF TRIAL

The place of trial will be (name of registry):

STATEMENT OF SOLICITOR

[Complete only if required by the Divorce Act (Canada).]

I, ........................................ , solicitor for the plaintiff, certify to the court that I have complied with section 9 of the Divorce Act (Canada).

[If the circumstances of the case are of such a nature that it would clearly not be appropriate to so comply, set out such circumstances.]

Dated at ............................. , in the Province of British Columbia, on .............. [date] ........... .

Address of solicitor:

Form 128A (Rule 60 (12) )

No. ..............................

.............................. Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

Re: A Joint Family Law Proceeding brought by:

PARTY 1

AND:

PARTY 2

JOINT STATEMENT OF CLAIM

Part A: Particulars of Parties

1. Party 1 is [name and address].

2. Party 1 was born on [date].

3. Party 1 has been ordinarily resident in British Columbia since [specify].

4. Party 2 is [name and address].

5. Party 2 was born on [date].

6. Party 2 has been ordinarily resident in British Columbia since [specify].

Part B: Relationship of Parties

7. The Parties were married on [date] at [place]

OR

7. The Parties commenced cohabitation on [date].

8. The Parties ceased to cohabit on [date].

Part C: Children

9.    (a) The children of the marriage as defined by the Divorce Act (Canada) are:

OR

(b) The parties are the parents, as defined by the Family Relations Act, of the following children:

OR

(c) There are no children of the marriage as defined by the Divorce Act (Canada)

OR

(d) The parties are not the parents of any children as defined by the Family Relations Act.

Part D: Divorce

10. There has been a breakdown in the marriage as defined by the Divorce Act (Canada) the particulars of which are as follows: [refer to specific sections of the Divorce Act (Canada)]

11.    (a) The surname of Party 1 immediately before marriage was [specify].

(b) The surname of Party 1 at birth was [specify].

12. The marital status of Party 1 at the time of marriage was [specify].

13.    (a) The surname of Party 2 immediately before marriage was [specify].

(b) The surname of Party 2 at birth was [specify].

14. The marital status of Party 2 at the time of marriage was [specify].

15. There is no possibility of reconciliation.

16. There has been no collusion in relation to this proceeding. There has been no condonation of any act relied on as a ground for divorce.

17.    (a) A certificate of the marriage has been filed.

OR

(b) A certificate of registration of the marriage has been filed.

OR

(c) It is impossible to obtain a certificate of the marriage or a certificate of the registration of the marriage because [set out reasons]

Part E: Custody, Guardianship and Access

[Complete this part if an order in relation to the custody of, guardianship
of or access to children is sought]

18. The Parties consent to an order for custody, guardianship of or access to the children in the following terms:

Part F: Support

[Complete this part if either of the Parties seeks an order for support]

19. The Parties consent to an order for spousal support in the following terms:

20. The Parties consent to an order for child support in the following terms:

21. The guideline income of the Party responsible for paying support for the children is as follows [set out particulars]:

Part G: Property

[Complete this part if the Parties consent to an order in respect of family assets]

22. The Parties consent to an order in the following terms:

Part H: Other Relief

[Complete this part if the Parties seek other relief]

23. Party 1/Party 2 seeks a change of name under the Name Act on the granting of a divorce order. [set out particulars]

24. The Parties consent to the following additional relief [set out particulars]:

Summary of Relief Sought

The Parties request the following: [strike out inapplicable paragraphs]

(a) an order for divorce (Part D);

(b) orders with respect to custody, guardianship of or access to the children as set out in Part E;

(c) orders for support as set out in Part F;

(d) orders with respect to property as set out in Part G;

(e) orders for additional relief as set out in Part H.

Statement of Solicitor

[Complete only if required by the Divorce Act (Canada)]

I, [name], solicitor for Party 1, certify to the court that I have complied with section 9 of the Divorce Act (Canada).

[If the circumstances of the case are of such a nature that it would clearly not be appropriate to so comply, set out such circumstances.]

Dated at [location],  in the Province of British Columbia, on [month, day, year]

Address of solicitor:

...........................................................................................................................

.............................................................................................................................

..............................................................................................................................

..........................................................................................................
Signature of solicitor

Statement of Solicitor

[Complete only if required by the Divorce Act (Canada)]

I,  [name], solicitor for Party 2, certify to the court that I have complied with section 9 of the Divorce Act (Canada).

[If the circumstances of the case are of such a nature that it would clearly not be appropriate to so comply, set out such circumstances.]

Dated at [location],  in the Province of British Columbia, on [month, day, year].

Address of solicitor:

..........................................................................................................
Signature of solicitor

Form 129 (Rule 60 (9) )

[Style of Proceeding]

STATEMENT OF DEFENCE — FAMILY LAW PROCEEDING

1. The defendant does not oppose the granting of the following relief sought in the Writ of Summons and Statement of Claim (mark box if relief is unopposed.)

Divorce

Nullity

Guardianship of child(ren)

Custody of child(ren)

Access to child(ren)

Maintenance or support of plaintiff

Maintenance or support of child(ren)

Division of family assets

Other relief (specify)

Costs

2. The defendant opposes the following claims for relief (set out claims that are opposed):

3. The defendant admits the facts alleged in paragraphs ......... [identify] ..... of the Statement of Claim.

4. The defendant denies the facts alleged in paragraphs ........ [identify] ........ of the Statement of Claim.

5. The defendant has no knowledge of the facts alleged in paragraphs ......... [identify] ......... of the Statement of Claim.

6. [Set out the material facts relied on for opposing the relief sought in the Statement of Claim, but not the evidence by which those facts might be proved.]

Form 130 (Rule 60 (9) )

[Style of Proceeding]

COUNTERCLAIM — FAMILY LAW PROCEEDING

The defendant claims from the plaintiff the following relief (mark boxes):

 Divorce

 Nullity

 Guardianship of child(ren)

 Custody of child(ren)

 Access to child(ren)

 Maintenance or support of defendant

 Maintenance or support of child(ren)

 Division of family assets

 Other relief (specify)

 Costs

[Complete and attach Parts A, B, C and D of Form 128, leaving out those paragraphs that are not relevant or that have been included in the Statement of Claim and admitted by the defendant, and make any changes and additions necessary. Complete and attach Parts E to I of Form 128 if a claim appropriate to those Parts is made. The paragraphs from Form 128 that are included in this counterclaim must retain the numbering from that form even if a paragraph from that form is not completed. If a paragraph is added, it must be given a decimal subnumber (such as 7.1, 7.2) or be continued numerically after paragraph 36.]

STATEMENT OF SOLICITOR

[Complete only if required by the Divorce Act (Canada).]

I, ................................... , solicitor for the above named defendant, certify to the court that I have complied with section 9 of the Divorce Act (Canada).

(if the circumstances of the case are of such a nature that it would clearly not be appropriate to so comply, set out such circumstances)

Dated at ....................... , in the Province of British Columbia, on .................. [date] .......... .

Address of solicitor:

Form 131 (Rule 60 (31) )

No. ..................................

...................................... Registry

In the Supreme Court of British Columbia

CERTIFICATE OF DIVORCE

This is to certify that ................................................. and ........................................... who were married at ............................. on .............. [date] ............... , were divorced under the Divorce Act (Canada) by an order of this Court which took effect and dissolved the marriage on ..................... [date] ................... .

GIVEN under my hand and the Seal of this Court

..................... [date] ................

......................................................
District Registrar

Form 132 (Rule 60 (25) )

No. ..................................

...................................... Registry

In the Supreme Court of British Columbia

Between

, Plaintiff(s)

and

, Defendant(s)

AFFIDAVIT

I, .............................[name in full].........................., of .....................................[address] .............................., MAKE OATH AND SAY:

1. I am the plaintiff [or defendant].

2. There is no possibility of reconciliation between the defendant spouse and me.

3. I verily believe that the facts alleged in the Statement of Claim [or counterclaim] are true.

4. Repealed. [B.C. Reg. 83/2002, Sch. s. 10 (a).]

5. The certificate of marriage or certified copy of the registration of marriage filed in this family law proceeding fully and correctly describes the true particulars of my marriage.

OR

It is impossible to obtain a certificate of marriage or a certified copy of the registration of marriage and instead I refer to the affidavit of .........................., duly sworn and filed in this family law proceeding, in accordance with section 52 (1) of the Evidence Act.

6.    (a) [To be used if the grounds for divorce are separation for more than one year.]

I was living separate and apart from the defendant spouse [or plaintiff spouse] at the commencement of this family law proceeding, and I have lived separate and apart from the defendant spouse [or plaintiff spouse] since ................. [date] ................... , except:

(b) [To be used if the grounds for divorce are the adultery of a spouse.]

The defendant spouse [or plaintiff spouse] has admitted to me that he/she committed the acts of adultery alleged in the Statement of Claim [or counterclaim] and as corroboration I will refer to the affidavit(s) of .................................. duly sworn and filed in this family law proceeding [or, I refer to the transcript of the Examination for Discovery of ............................. marked Exhibit "A" to this affidavit] [or, I refer to the interrogatories of, etc.] [or, I refer to the depositions of, etc.].

OR

I have no personal knowledge of the acts of adultery alleged in the Statement of Claim [or counterclaim] and in proof of the adultery committed by the defendant spouse [or plaintiff spouse] I refer to the affidavits of ..................................................... and ................................. duly sworn and filed in this proceeding [or, I refer to the transcript of the Examination for Discovery of .................................. marked Exhibit "A" to this affidavit] [or, I refer to the depositions of, etc.].

(c) [To be used if the grounds for divorce are physical or mental cruelty of a spouse.]

The facts alleged in the Statement of Claim [or counterclaim] as particulars of the physical or mental cruelty with which I have been treated since the celebration of the marriage are true; and [particularize any other evidence relied on].

7.    (a) I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.

(b) [To be used if the grounds for divorce are the adultery or physical or mental cruelty of a spouse.]

I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.

8. There are no children of the marriage as defined by the Divorce Act (Canada).

OR

The following are the children of the marriage:

9. [To be completed if there are children of the marriage.]

(a) I have sworn and attach a Child Support Affidavit in Form 133, and

(b) the following arrangements have been made for custody of and access to the children: [provide particulars].

Form 133 (Rule 60 (25) )

[Style of Proceeding]

CHILD SUPPORT AFFIDAVIT

(Section numbers refer to Federal and Provincial Child Support Guidelines)

I,........................................................................................................................[name in full], of............................................................................................[address] , MAKE OATH AND SAY:

1. I am the Plaintiff/Defendant.

2. The following information is prepared in relation to the Federal and Provincial Child Support Guidelines (the "Guidelines") and is true to the best of my information and belief:.

Of the children listed above, the following children are step-children and their relationship (natural child or step-child) to each of the Plaintiff and the Defendant is as noted:

(6) The Writ of Summons or counterclaim does/does not include a claim for a child support order.

(7) If required under the Child Support Guidelines:

Plaintiff’s annual Guidelines income under sections 15 to 20 of the Guidelines: $..............................

Plaintiff’s source of income ........................................................................

(8) If required under the Guidelines:

Defendant’s annual Guidelines income under sections 15 to 20 of the Guidelines: $..............................

Defendant’s source of income: ........................................................................

(9) The monthly Guidelines table amount under Schedule 1 of the Guidelines is $...................., payable by Plaintiff/Defendant.

OR

I have completed and attach to this my affidavit the following:

Supplementary Child Support Fact Sheet B [complete and attach only if custody is shared — otherwise delete this line from the affidavit]

Supplementary Child Support Fact Sheet C [complete and attach only if custody is split — otherwise delete this line from the affidavit]

Supplementary Child Support Fact Sheet D [complete and attach only if one or more children is over the age of majority — otherwise delete this line from the affidavit]

Supplementary Child Support Fact Sheet E [complete and attach only if undue hardship is alleged — otherwise delete this line from the affidavit]

Supplementary Child Support Fact Sheet F [complete and attach only if at least one of the party’s incomes exceeds $150 000 — otherwise delete this line from the affidavit],

and

the amount of child support set out in the proposed order is $...................., payable by Plaintiff/Defendant.

(10) I have completed and attach to this my affidavit Supplementary Child Support Fact Sheet A, and the amount of the section 7 expenses in the proposed order is $.................
[complete and attach only if section 7 expenses are included in the proposed order — otherwise delete this line from the affidavit]

(11) There is/is not coverage for the children under the Plaintiff’s medical insurance coverage and there is/is not coverage for the children under the Defendant’s medical insurance coverage.

(12) There is/is not coverage for the children under the Plaintiff’s dental insurance coverage and there is/is not coverage for the children under the Defendant’s dental insurance coverage.

(13) There is no outstanding order of any court dealing with support of the children.

OR

[Describe any outstanding order of any court dealing with support of the children]

(14) There is no agreement dealing with support of the children.

OR

[Describe any agreement dealing with support of the children, indicating how, if at all, the agreement affects support of the children under section 15.1 (5) and (7) of the Divorce Act]

(15) The amount of arrears of support for the children is $...............

SUPPLEMENTARY CHILD SUPPORT FACT SHEET A

SPECIAL OR EXTRAORDINARY EXPENSES

(Complete this form only if it applies to you under section 7 of the Guidelines)

Under section 7 (2) and (3),

the Plaintiff’s proportionate share of the total section 7 monthly expenses is

................%, for a total of $ ................... per month,

and

the Defendant’s proportionate share of the total section 7 monthly expenses is

................%, for a total of $ ................... per month,

Total monthly child support payable by the Plaintiff/Defendant after taking into account the monthly Guidelines table amount under Schedule 1 of the Guidelines and the section 7 expenses is $.................

SUPPLEMENTARY CHILD SUPPORT FACT SHEET B

SHARED CUSTODY (40%)
(Complete this form only if it applies to you under section 9 of the Guidelines)

SUPPLEMENTARY CHILD SUPPORT FACT SHEET C

SPLIT CUSTODY
(Complete this form only if it applies to you under section 8 of the Guidelines)

SUPPLEMENTARY CHILD SUPPORT FACT SHEET D

CHILD 19 YEARS OR OLDER
(Complete this form only if it applies to you under section 3 (2) of the Guidelines)

SUPPLEMENTARY CHILD SUPPORT FACT SHEET E

UNDUE HARDSHIP (STANDARD OF LIVING TEST)
(Complete this form only if it applies to you under section 10 (3) and (4) of the Guidelines)

1. Responsibility for unusually high debts reasonably incurred to support the family prior to separation or in order to earn a living

2. Unusually high expenses for exercising access to a child

3. Legal duty under a court order or separation agreement to support another person

4. Legal duty to support a child, other than a child for whom support is claimed in this application, who is

(a) under age 19, or

(b) 19 or older but unable to support himself or herself because of illness, disability or other cause

5. Legal duty to support a person who is unable to support himself or herself because of illness or disability

6. Other undue hardship circumstances (provide full particulars)

INCOME OF OTHER PERSONS IN HOUSEHOLD

SUPPLEMENTARY CHILD SUPPORT FACT SHEET F

INCOME OVER $150 000
(Complete this form only if it applies to you under section 4 of the Guidelines)

Form 134 (Rule 60 (33) )

[Style of Proceeding]

RESTRAINING ORDER

 Interim Order    Final Order    By Consent     Without Notice

 Order dated .............................................[month/day/year] is changed as stated below [complete if applicable]

 Order to expire on .............................................[month/day/year] [complete if applicable]

THE APPLICATION of........... [name] ......... coming on before me under section(s) ..........[37, 38, 126] ......... of the Family Relations Act on ...............[date] ...............

[Complete the following applicable paragraphs][insert, if known, the birthdates of the person restrained, of the applicant and of the children referred to]

THIS COURT ORDERS that

1. while the parties continue to live separate and apart,........................................ [name of person restrained] .............................................. shall not enter any residence where ..............................................[name of person] ........................................ and the child(ren) ..................................... [names of children] ............... are residing.

2. .........[name of person restrained].......... is prohibited from contacting or endeavouring to contact or otherwise interfering with the child(ren) named above.

3. .............. [name of person restrained]...................... is restrained from molesting, annoying, harassing or communicating with or attempting to molest, annoy, harass or communicate with .....................[name of person]...................... or the child(ren) named above who are in the lawful custody of ..............[name of person]........ .

4. any peace officer, including any R.C.M.P. officer having jurisdiction in the province of British Columbia, who on reasonable and probable grounds believes that ..................[name of person restrained].................... is in breach of the terms of this order may immediately arrest that person and bring him/her before a judge of the Supreme Court promptly after the arrest, to be dealt with on an inquiry to determine whether he/she has committed a breach of this order.

[Add any further terms of restraining order]

By the Court.

TAKE NOTICE that if you .....................[name of person restrained].................. refuse or neglect to obey this order, you are liable to arrest by a peace officer, including a R.C.M.P. officer having jurisdiction in the province of British Columbia, and to imprisonment for contempt of court, or for committing an offence under section 128 of the Family Relations Act.

Form 135 (Rule 60 (13) and (14) )

[Style of Proceeding]

NOTICE OF WITHDRAWAL — FAMILY LAW PROCEEDING

To: [name of party]

TAKE NOTICE that ..................... [name of party] ................ withdraws ................. [specify whether the party withdraws the whole or part of a Statement of Claim, a Statement of Defence, a counterclaim or a defence to counterclaim], that was filed in this proceeding on [date].

OR

TAKE NOTICE that ...................... [name of party] ................. withdraws from this joint action.

Form 136 (Rule 60 (30) )

[Style of Proceeding]

ORDER

This proceeding [coming on for trial at ......................................., on the .......................... day of ........................, 20....., and on hearing ............................, counsel for the plaintiff, and ..................................., counsel for the defendant, and on hearing the evidence adduced] [or, if such is the case, coming before me as an undefended divorce proceeding without an oral hearing, and on reading the affidavits and other documents filed] [if the divorce is effective earlier than 31 days after judgment add: and the court being of the opinion that by reason of special circumstances the divorce should take effect earlier than the 31st day after this date and the spouses having agreed and undertaken that no appeal will be taken from this order]:

THIS COURT ORDERS that

1. subject to section 12 of the Divorce Act (Canada), the plaintiff, ................................................... , and the defendant, ................................ , who were married at ............................... on the ............ day of .................... , 20 .... , are divorced from each other, the divorce to take effect on the 31st day after the date of this order [or, if so ordered, to take effect on the ................... day of ......................... , 20 .... ].

2.

3.

By the Court

Form 136A (Rule 61 (60) )

ESTATE OF..................................... , DECEASED

STATEMENT OF ACCOUNT

I,...............................................[name]....................................................., ....................................................................[Street Address].........................................................................., ..........................[City]..............................., .....................[Province]..................., ..........[Postal Code].........., Telephone No. ......................, Fax No. ....................... swear (or affirm) that:

1. Attached and marked as Exhibit 1 is a Statement of Account for the Estate of

2. The information set out in this statement of account is true and complete to the best of my knowledge.

EXHIBIT 1

STATEMENT OF ACCOUNT FOR THE ESTATE OF .................................... , DECEASED

For the period from [insert commencement date] to  [effective date of this statement of account].

1. In this Statement of Account, the commencement date means

(a) the deceased’s date of death, or

(b) if one or more statements of account have been filed in respect of the estate under Rule 61 (60), the effective date of the most recent of those statements of account.

2. This Statement of Account consists of the following:

(a) Statement of Assets and Liabilities of the Estate of ............................. as at ...............[commencement date].............. ;

(b) Statement of Capital Transactions of the Estate of ............................. ;

(c) Statement of Income Transactions of the Estate of ............................. ;

(d) Statement of Assets and Liabilities of the Estate of ............................. as at ..............[effective date]...............;

(e) [include only if remuneration is sought at this time] Statement of Proposed Remuneration in relation to the Estate of .........................................................................................;

(f) Statement of Distribution of the Estate of .................................................................;

(g) Statement of Proposed Distribution of Residue of the Estate of ............................. .

Statement of Assets and Liabilities of the Estate of ................................

as at................[insert commencement date]..............

Statement of Capital Transactions of the Estate of ................................

For the period from ...................[insert commencement date]...................

to ...................[insert effective date of this statement of account]...............

Statement of Income Transactions of the Estate of ................................

For the period from ....................[insert commencement date]..................

to .....................[insert effective date of this statement of account].................

Statement of Assets and Liabilities of the Estate of ...............................

as at................[insert effective date of this statement of account]...............

Statement of Proposed Remuneration in relation to the Estate of ...............................

[complete if remuneration is sought at this time]

Statement of Distribution of the Estate of ...............................

Specific Bequests and Legacies

Residue of Estate

Statement of Proposed Distribution of Residue of the Estate of ...............................

Form 137 (Rule 66 (6) )

RULE 66 ENDORSEMENT

The ..........[party]......... hereby estimates that a trial of this action will be completed within 2 days and elects to have this action proceed in accordance with Rule 66.

NOTE: AS A RESULT OF THIS ENDORSEMENT, THIS ACTION IS SUBJECT TO RULE 66, FAST TRACK LITIGATION. YOU MUST THEREFORE DELIVER YOUR LIST OF DOCUMENTS IN ACCORDANCE WITH RULE 66 (11) AND (12) WITHIN 14 DAYS AFTER YOU RECEIVE THIS PLEADING.

Form 138

Repealed. [B.C. Reg. 198/2003, s. 14.]

Form 139 (Rule 66 (22) )

[Style of Proceeding]

TRIAL AGENDA

If a trial involves more than 2 parties, or if trial events other than those set out above are anticipated, the Trial Agenda should be modified to disclose the time estimated for all matters that the parties anticipate will occupy the time of the Court.

Form 140

Fax Cover Sheet

This form must be used when transmitting
documents to the court registry by fax for filing.

The ability to transmit documents by fax to a registry for filing is subject to the limitations set out in the Court Rules and Practice Directives. Additional information on this filing service is available on the Court Services website at www.ag.gov.bc.ca/courts/fax/fax.htm.

It is the responsibility of the person transmitting a document by fax to ensure that the document is filed in the registry within the required filing time. The registry takes no responsibility for difficulty experienced when transmitting a document by fax to the registry. The registry cannot guarantee that any document will be filed on the day it is received by fax in the registry.

Documents transmitted to the registry by fax will be processed in the order they are received. Confirmation of acceptance or refusal will be forwarded as soon as possible to you at the return fax number set out below or by mail if indicated.

Confirmation of acceptance or refusal of this filing will be sent as follows: [please check one of the following]

[ ] by fax to ..................................................................................[insert fax number to which confirmation is to be sent]; or

[ ] by mail to the address provided above.

Court Services Branch may use your contact information for the purposes of conducting an evaluation of the fax service.

Form 141 (Rule 68 (31) (a) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(s)

and

Defendant(s)

NOTICE OF WITNESSES

TAKE NOTICE that ......................[name of party]...................... intends to call the following persons as witnesses at the trial of this action;

AND FURTHER TAKE NOTICE THAT there is attached to this notice, for each of the above-named witnesses, a summary of the evidence that ........................[name of party]........................ believes will be given at trial by that witness.

Form 142 (Rule 68 (34) and (37) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(s)

and

Defendant(s)

REQUISITION FOR CASE MANAGEMENT CONFERENCE

A case management conference has been set for this proceeding:

[ ] At the request of ...........................[name of party]...........................

[ ] At the direction of the Court.

The case management conference will be held at ...........................[location]........................... ,

at ..........[hour].........., on ...........................[date]........................... .

If this case management conference is requested by a party, the requesting party estimates that the case management conference will take .......... minutes.

At the case management conference the following matters will be discussed:

1.

2.

3.

At the case management conference ....................[name of party].................... intends to seek the following order(s):

1.

2.

3.

Form 143 (Rule 68 (44) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(s)

and

Defendant(s)

CASE MANAGEMENT CONFERENCE ORDER

At a case management conference conducted on .................[date]............................ by ...........................................[judge/master].................... in the presence of ....................[counsel/parties]..................................................................................,

The following orders are made:

1.

2.

3.

Form 144 (Rule 69 (6) )

No. ..............................

.............................. Registry

[Style of Proceeding]

ELECTRONIC FILING STATEMENT

I, ................................................................................................., am the counsel acting for ............................................., the .........[indicate party status]............... [or]

I, ................................................................................................., am the .............................................[indicate party status]................. and I am not represented by counsel.

I advise as follows:

1. That a ..........[type of document].......... is being submitted for filing electronically on behalf of the .........[indicate party status]............ . A copy of the document being submitted for filing electronically is attached.

2. That the original paper version of the document being submitted for filing electronically appears to bear an original signature of the person identified as the signatory and I have no reason to believe that the signature placed on the document is not the signature of the identified signatory.

3. That the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and I have no reason to believe that it is not a true copy of the original paper version.

Dated at...................., B. C., ......, 20.....

.....................................................
Counsel/Party

Form 145 (Rule 60E (6) )

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(s)

and

Defendant(s)

REQUISITION AND NOTICE OF JUDICIAL CASE CONFERENCE

Required: A Judicial Case Conference under Rule 60E at the Courthouse at ................................ before the Judge or Master on .............................., 20.... at ............. o’clock.

TAKE NOTICE THAT a Judicial Case Conference will be held at the above time and place. The parties and their counsel are required to attend.

The purpose of the Judicial Case Conference is to consider matters set out in rule 60E (11) that may aid in the settlement or other disposition of the action.

At the Judicial Case Conference, the Judge or Master may give directions concerning the timing and extent of disclosure and the conduct of the action generally as set out in Rule 60E (12).

No notice of motion or affidavit in support of an interlocutory motion may be delivered to another party unless a Judicial Case Conference has been conducted (except applications under section 57 or 67 of the Family Relations Act, R.S.B.C. 1996, c. 128, and applications by consent or without notice).

FOR TRIAL DIVISION USE, PLEASE PROVIDE THE FOLLOWING INFORMATION:

...........................................................................................
Name and Mailing Address of Plaintiff or Solicitor (if represented)

...........................................................................................
Telephone Number of Plaintiff or Solicitor

...........................................................................................
Name and Mailing Address of Defendant or Solicitor (if represented)

..........................................................................................
Telephone Number of Defendant or Solicitor

---

The following forms have been amended or added since September 1, 1990:

Contents  |  Rules 1-15  |  Rules 16-30  |  Rules 31-45  |  Rules 46-60  |  Rules 60A-69  |  Appendix A  |  Appendices B-C

Copyright (c) Queen's Printer, Victoria, British Columbia, Canada